Association of Photographers "disappointed" by Hargreaves' Review

Defend your photo rights - moral rights and copyrights

The Association of Photographers has expressed its disappointment after Professor Ian Hargreaves refused to address photographer's moral rights as part of his proposed review of the UK's copyright system

Author: Olivier Laurent

One week after Professor Ian Hargreaves published his "review of intellectual property and growth", addressing the issue of copyright law and its limitations in the digital age, the Association of Photographers has released an official response, welcoming some "elements" while expressing an overall disappointment with the proposed changes.

"We welcome some elements of the Review led by Professor Ian Hargreaves but are particularly disappointed with the lack of reform in contract law and the complete ignoring of moral rights, both of which we shall continue to lobby hard for change in, to protect all creators," writes Gwen Thomas of the Association of Photographers.

"To ignore the obvious need for the strengthening of existing moral rights to give creators an automatic, unwaivable right to a credit, before introducing another system to address orphan works, is remiss at best," she says. "Given the number of creator-led submissions supporting the overhaul of this area, we are very disappointed that it has been ignored again. Once again, we are faced with the possibility of extended collective licensing, with the distinct likelihood that it will, once more, extend further than a part solution to orphan works licensing."

Thomas adds that the Association of Photographers now looks forward "to reading the imminent EU Orphan Works Directive, which we hope will provide for the use of orphan works on a purely non-commercial, cultural use basis, as opposed to the wide and damaging use suggested by the report."

However, the Association of Photographers is "applauding" the rejection of the US Fair Use system "in favour of the existing European system of copyright exceptions and the recommendation of an IP small claims track in the Patents County Court for which we have campaigned at length," says Thomas. "A simple procedure for claiming damages without expensive legal fees is essential for small businesses to protect their copyright from routine commercial abuse."

For more information, read our full coverage of the Hargreaves report.

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