Australian Copyright Laws

[merforga]

Mainly aimed at those in the land down under, I noticed there's a LOT of articles dealing with US copyright laws in regards to photographers. So when I started up my photography business a couple of months ago, I did a bit more research into local copyright laws to ensure I knew exactly what my rights and my clients rights were.

After doing some further research, I've found that unfortunately it's slightly different here. The main difference from my extensive reading and understanding (I don't claim to be an expert so feel free to correct me if I'm wrong) is the following:

US - Photographer owns copyright to the photos UNLESS agreed upon before hand

AUS - Photographer owns copyright to the photos UNLESS agreed upon before hand OR it was commissioned work (i.e. paid to take photos)

Just thought it might of interest for those starting out in the photography business in Aussie =).

See links below from the Australian Copyright Council:

Photographers Copyright
Copying photos you've paid for

On a side note, I'd be interested to hear your thoughts on photographers copyright in your country. Is it fair? Do we get the blunt end of the stick? Have you had any copyright issues in the course of your business? Do you put any safeguards in place to ensure maximum protection and clarity for not only yourself but for your client as well?

"The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australia’s creative industries and Australia’s major copyright collecting societies."

[Jim Bryant]

Mainly aimed at those in the land down under, I noticed there's a LOT of articles dealing with US copyright laws in regards to photographers. So when I started up my photography business a couple of months ago, I did a bit more research into local copyright laws to ensure I knew exactly what my rights and my clients rights were.

After doing some further research, I've found that unfortunately it's slightly different here. The main difference from my extensive reading and understanding (I don't claim to be an expert so feel free to correct me if I'm wrong) is the following:

US - Photographer owns copyright to the photos UNLESS agreed upon before hand

AUS - Photographer owns copyright to the photos UNLESS agreed upon before hand OR it was commissioned work (i.e. paid to take photos)

Just thought it might of interest for those starting out in the photography business in Aussie =).

See links below from the Australian Copyright Council:

Photographers Copyright
Copying photos you've paid for

On a side note, I'd be interested to hear your thoughts on photographers copyright in your country. Is it fair? Do we get the blunt end of the stick? Have you had any copyright issues in the course of your business? Do you put any safeguards in place to ensure maximum protection and clarity for not only yourself but for your client as well?

"The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australia’s creative industries and Australia’s major copyright collecting societies."

Yes, photographers get the shaft. In my contracts, I keep the copyrights and the clients get to license the photo for x times and what media they want it published in.

[MattG]

In Australia, we can restrain the use of commissioned photos (i.e. wedding or portrait) even if the copyright is in the hands of the client to avoid misuse or possible profiteering after the event without the photographer being made aware of the true purpose. Also copyright can be formally handed back to the photographer even in these situations if an appropriate clause is in the contract - the usual methodology is to offer a cost benefit to the client to engender this.