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British Institute of Professional Photography
FOX TALBOT HOUSE
Amwell
End,
Ware, Hertfordshire.
Chief Executive
A. M.
Berkeley, LLB (Hons)
BREACHES OF COPYRIGHT
Whilst I appreciate that it is probably unreasonable to expect
everyone in business to know everything about all of the numerous laws which
apply in business, it is not unreasonable to expect people to be aware of the
various laws which apply in their own particular fields of activity.
Furthermore, you are probably familiar with the adage that ignorance of the law
is no defence.
I am taking the liberty, therefore, of writing this open
letter to alert you to the provisions of the Copyright, Designs and Patents Act
1988, which provides (amongst other things) that a photograph is an artistic
work protected by copyright, and that the owner of the copyright is the
photographer, not his client.
Anyone, whether an individual or a business,
who reproduces a photograph in breach of that copyright is liable to be sued
for damages. Further, many breaches of copyright are criminal offences too, punishable, by imprisonment,
or a fine, or
both.
Please respect
the photographer's right to earn a living from his art, and please, for your
own benefit as much as the photographer's, refuse to reproduce any photography
whatsoever without the clear authority of the photographer. Members of this
Institute will be advised. to take whatever legal steps
may be necessary to protect their lawful
rights.
Adrian Berkley
Chief Executive
British Institute of Professional
Photography.
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