‘What next? Should we be expecting Coca Cola to reveal their recipe so we can all make it in the kitchen?'
Pro photographer organisations hit out at plans to overhaul the copyright system, which would allow individuals free use of images for non-commercial purposes
Two of Britain's largest pro photographer organisations have hit out at the government plans to overhaul the copyright system, one calling them 'a potential nightmare scenario'.
Writing in response to BJP's report on the plans, Phil Jones, CEO of The Societies (incorporating the SWPP and BPPA, which claims to be the fastest growing worldwide association for professional photographers), condemned the government's latest report on copyright as 'ill-conceived'.
'We see no need at all for new legislation regarding copyright law. Any removal or even dilution of protection conferred in copyright may well prove to be the thin end of the wedge.'
The report, undertaken by the Intellectual Property Office (IPO), titled (c) the way ahead, calls for a simplification of the current system, asking rights holders to broaden the terms of their licenses, allowing the public to use photographs for non-commercial uses without payment. It also proposes the establishment of a new collective licensing agency, orphan works legislation and less 'muscular' enforcement of image theft.
Instigated by Culture Minister David Lammy, the report follows months of consultation on how the Copyright Act 1988 should be overhauled for the digital age – a move many in the industry agree is necessary. However, some warn the government's plans go too far, and photographers will lose earnings if the public are allowed to share images without payment. As BJP reports in this week’s printed issue, this could have a dramatic effect on photographers shooting weddings, for example, who would have to allow their clients to share their images without paying for them, resulting in substantial loss of income.
‘Photographers must be allowed to sell photographs,’ says Jones. ‘If not, then what can they sell? If the government is suggesting that people should be able to share their photos with friends then who is the final arbiter of that? Who draws the line at numbers of friends?’
Trevor Lewis, chairman of the Master Photographers Association (MPA), has also voiced his concerns to BJP. 'The MPA, as an association representing around 1800 professional photographers, actively encourages its members to abide by the Copyright Act 1988, as the whole concept of the act is to protect the originators of images from abuse of their work. If the law were to be changed there would be absolutely no control over what the client does with images.
‘For example, poor printing and display could reflect badly on the photographer's reputation and how would you stop clients from selling/giving extra copies of images to their friends? Our members undertake extensive training and qualifications to ensure that their clients receive the best possible quality of product combined with high levels of customer care: we believe it would be a retrograde step to dilute the photographers' rights to ownership of original work.’
Jones, who says he will be actively lobbying his local MP, Chris Ruane, maintains there is no need to ‘meddle’ with the current copyright system at all. ‘This proposal is ill conceived. It will erode the rights of photographers who rely on re-orders and re-sales to earn a genuine and legitimate living. Photographers can already make their own usage agreements with their clients. We don’t need the state meddling in those transaction arrangements.
‘What next? Should we be expecting Coca Cola to reveal their recipe so we can all make it in the kitchen? Some may suggest that photographers can simply charge for their services, but the truth is photographers supply both services and products - and you cannot have an open-ended agreement to pay for a service and then just decide to take as much product as you want.’
The report represents phase one of the IPO’s investigation into revising the copyright system. The government will now look at the proposals and take a view on whether new legislation is indeed necessary.
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