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Will I be infringing UK copyright law if I make reproductions of wedding photographs taken by a photographer?
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If the photographer owns the copyright to those images, but is dead, will I be infringing copyright law by making a reproduction of one of the images from my own wedding?
All Answers To QuestionsAnswer 1
Yes, you are infringing, but the truth is that nobody will know. Answer 2
Yes you will be infringing the photographers copyright in this situation. See section 17 of the Copyright Designs & Patents Act 1988.
Section 12 confirms that the copyright in a photograph will last for 70 years after the photographer's death.
The photographer also has a right to be identified as such (and similar rights) unless they've agreed otherwise (Chapter IV of the Act)
One exception would be if you had the photographer's specific consent to make copies (i.e. a licence). (You wouldn't seem to fall with the other exemptions e.g. research, temporary copies, etc.) Such a licence is great for you and binds anyone who might inherit the photos from the photographer (ss 90(4) and 91(3)). If you've got such a licence this will clearly be better evidence if anyone should dispute what you claim - an e-mail, letter, terms and conditions, etc would all assist. NB If you are wanting to claim that only you have the right to the photos (i.e. and exclusive licence) then you'll need that licence to be in writing and to be signed by the photographer (section 92)
On the positive side the photos shouldn't be sold to anyone else as they are, I'd expect, private (section 85) so having exclusivity may not be so crucial to you.
Hope this helps, Pete << GO BACK to questions
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