(Information taken and altered from
http://www.jiscdigitalmedia.ac.uk/guide/copyright-and-digital-images/%20-%20cp2)
Copyright.
Copyright and digital images overview-
There is no such thing as electronic or digital copyright - it is a convenient term that people use to imply machine-readable form. It is not a legal or copyright term. However, copyright will still protect digital images by applying the same criteria in which copyright is applied to in the analogue world, although it can often be less straightforward to apply the concepts at the heart of copyright to certain types of digital content such as machine-generated materials and multimedia.
New technology is progressing so quickly that the legislation is not able to keep pace with the developments in this area.
Digital technology lends itself very easily to opportunities for sharing images and the potential to be used across different multi-media platforms. This is very important because copyright infringement may occur when images are shared with appropriate authorisation but are subsequently copied from one format to another (which has not been authorised)
Despite the meticulousness and detail of the copyright legislation, many terms relating to the use of content, including digital images, such as: 'reasonable'; 'non-commercial'; and 'substantial' remain undefined. This creates more complexity in interpretation and the necessity for reliance upon case law, best practice and pragmatism
copyrights relevance to digital images-
In the UK, copyright is an automatic right afforded to creators of original works giving these creators exclusive economic rights to control copying, adaptation, issuance of copies to the public, performance and broadcasting of the work that they create.In return for licensing their materials the creators are entitled to receive royalties.
Copyright legislation-
Copyright law in the UK is based upon a number of pieces of legislation, case law, directives, treaties and conventions, as well as interpretation. For further details on existing copyright laws visit the Copyright Licensing Agency or the UK's Patent Office.
If a photograph is of an artistic or literary work, then there may be two copyrights: one copyright in the original object and one in the photograph.
If the original item was in copyright at the time the photograph was taken, then the photograph is an infringement of copyright if permission was not granted. This may mean that you can own the copyright in the photograph but you can't do anything with the photograph because you are infringing the copyright of the original object. If you want to take a photograph of an object in copyright, then you should apply for permission, stating with absolute clarity what you want to do with the photograph. This means that if the copyright owner grants permission they will be giving 'informed consent'. If you leave the details ambiguous and you exploit the photograph, then the copyright owner can sue you. Thus it is in your interests to fully inform the copyright owner of all details
If you are unclear of the authorship or copyright status of photographs in your collection, JISC Digital Media recommends seeking specialised legal advice.
Copyright protection of databases-
Databases have the potential to be protected both by copyright and the new Database Right which was implemented in the UK under the Copyright and Rights in Databases Regulations 1997 and took effect on 1st January 1998. These regulations amended the CDPA 1988.
In order to qualify for copyright protection, both analogue and digital databases need to fulfil the following requirements. They need to be:
- A collection of independent works, data or other materials including digital images
- Arranged in a systematic or methodical way
- Individually accessible by electronic or other means
What does copyright protect ?
Digital material, such as 'Multimedia' or 'Web sites', are separate categories, these media platforms are likely to comprise of one or more elements which will be protected by copyright. These will include digital images, digital sound recordings, films and digital broadcasts and e-books, which can be classified in accordance with the existing definitions of works that are protected by copyright
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