In this day and age, it is very
difficult to keep away from the courtroom. Copyright
law is an area of the civil legal system that
has boomed in the last decade, so it is important
that everyone is well aware of it. The difficulty
in this section of the law is that things are
never black or white and there are many grey areas.
However, by using common sense and legal advice,
if necessary, most problems can be avoided.
Images,
as well as text are very important parts of a
website that usually fall under copyright law.
It is important to know that almost all photographs,
images, drawings, sketches, diagrams, etc. have
a copyright owner. The copyright owner is usually
the person that takes the photograph or the artist
that makes the drawing.
In
some cases when work is commissioned by a third
party the photographer or the artist may assign
copyright to the business or person paying for
the work, but this is not always so. When commissioning
work your must stipulate, in writing, these terms,
before entering into the contract.
You
must also be aware that because you sell certain
goods, and your supplier of those goods have provided
you
with catalogues; you do not have the right to
reproduce those photos in your website, or anywhere
else, without your supplier’s permission.
Sometimes
the names of products are trademarks and there
may be certain restrictions in using those names.
You must investigate all these issues before you
decide to include the information in your website.
Another
common problem arises when people, art objects,
famous buildings, etc are part of a photograph.
For example, if you sell clothing, and you ask
somebody to model the merchandise in order to
include the photos in the website, brochures,
or any other printed materials, you may need a
’model release’.
A
model release is usually a signed form in which
the person featured in your photograph allows
you to use the photo, in exchange for some consideration.
If the model is under 18 years of age, the model
release must be signed by the parent or guardian.
If
you are planing to include people’s photographs
in your website, please give us a ring to obtain
a copy of a model release form. If you intend
to do group or crowd photos, you may need legal
advice, as wether you need a model release or
not. |