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Unit 30 Digital Graphics
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P6 Legal Implications
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By Dom Gorka

Ownership of an image

The Copyright Act introduced in 1988 protected peoples right and made
so users who stole content and did not give credit to the author would be
penalised and possibly fined or jailed depending on the level of the
breach. Identifying ownership is an important step towards finding out
whether a graphic can be reused. Many images have the owner name or
copyright printed on or close to the image, which makes this task easy;
however some images do not.
Copyright

A piece of work such as an image is copyright when it has an owner with

control over how the work is used
or copied. It must always be
assumed that an image already has
copyright and that permission must
be sought from the copyright owner
before the image can be reused. If
an image or video is re-used without permission then the user breaching
the act could be fined various amounts depending on the severity. For
example quite recently Samsung had breached copyright on Apple and
they are due approximately two billion pounds which is a lot of money as
the breach was very severe and it happened to a very popular business as
well which is why the cost is so high.
Copyright Free

Copyright free images can be freely used by anyone. Such images may be
found on web pages that are clearly identified as copyright free, included
with graphics software from other sources. Any image that is not clearly
identified as copyright free needs the permission of the owner if it is to be
used; if the user asks permission and their request is declined then they
are still not allowed to use the image and will be penalised for copyright if
they are found guilty of using an image without getting the permission for
it.
Gaining permission to use an image

If you take your own photograph of people, you need them to sign a
model release form giving you permission to use the photographs as you
wish; this is so when you upload the photograph and they see themselves
they will be fine as they have signed a from before you uploaded so they
are aware that you may use it for your own purposes. If you want to get
permission to use an image or video from the internet then you need to
contact the author and ask permission to use their content or reference
their work in your work so they are given credit for their work.

Potential impact of breaching copyright

While there are many consequences

of breaking copyright laws, the most
common include monetary fines, loss
of property, loss of freedom, or loss of
employment. The fine could be a
small amount or it could be very high
depending on the severity of the
breach.
Typically
copyright
law
violations
involve
someone
attempting to profit from, distribute, or claim material to which they have
no rights. In some countries, copyright infringement which is the use of
copyrighted material without permission or the right of ownership could

carry the penalty of criminal and civil punishment if the copyright owner
should choose to file a claim and take the guilty party to court.

The Copyright Act was breached by Jeff Koons who designed a statue of
the work of Art Rodgers. The photo on the left is Rodgers work and the
one on the right is Koons statue; we can quite clearly see the similarities
and Koons lost the appeal to continue producing the statue as they were
deemed too close to the original. He was also charged with a fine for
breaching the Copyright Act.