Memorandum submitted by British Photographers
Liaison Committee
The British Photographers' Liaison Committee
(BPLC) is a body of UK organisations representing photographers
and their interests. The BPLC meets to discuss matters of mutual
interest and concern, and if appropriate take action to protect,
develop and promote these photographers' interests.
BPLC members:
The Association of Photographers;
British Association of Picture Libraries and
Agencies;
British Institute of Professional Photography;
Chartered Institute of Journalists;
CILIP;
Design and Artists Copyright Society;
Institute of Medical Illustrators;
Master Photographers Association;
National Union of Journalists; and
Picture Researchers Association.
Objects of the BPLC:
— The protection, development and promotion
of the rights and interest of photographers and the bodies that
represent them in the UK and the EC under British law and EC regulations.
— The representation of the views of
British photographers to the Government, the European Commission
and other bodies by the BPLC, by its constituent members, by both
or through or with the co-operation of other bodies with similar
aims.
— The improvement and encouragement
of good communication and best practice nationally and internationally
on matters relating to the use of photography and the employment
and commissioning of photographers.
The BPLC welcomes the inquiry into New Media
and the Creative Industries and is pleased to be invited to respond.
Several of our members are preparing their own responses and so
the BPLC response covers the visual arts in general without reference
to particular areas.
THE IMPACT
UPON CREATIVE
INDUSTRIES OF
RECENT AND
FUTURE DEVELOPMENTS
IN DIGITAL
CONVERGENCE AND
MEDIA TECHNOLOGY
The impact of new technology on the creative
industries has been described as a process of "democratisation".
By which was implied that specialist crafts and skills were now
open to everyone. Mobile phones in cameras that make everyone
into a "News Photographer" and computers that provide
90% of the content of a musical composition, without musical skills
being required. So that everyone can now be a Paul McCartney.
This is a good thing if you have no skills but
a bad thing if hard won skills are thereby eroded or cheapened.
Either way it is irreversible, leading to "good enough"
being the highest standard now expected in any field.
THE EFFECTS
UPON THE
VARIOUS CREATIVE
INDUSTRIES OF
UNAUTHORISED REPRODUCTION
AND DISSEMINATION
OF CREATIVE
CONTENT, PARTICULARLY
USING NEW
TECHNOLOGY; AND
WHAT STEPS
CAN OR
SHOULD BE
TAKEN—USING
NEW TECHNOLOGY,
STATUTORY PROTECTION
OR OTHER
MEANS—TO
PROTECT CREATORS
The digital age has been, and continues to be,
a double edged sword in the world of commercial photography. Images
are a perfect medium for the Internet—both for getting photography
out to the general public as an educational tool and for promoting
the photographer's expertise. However, it is one of the easiest
of the mediums to download in its entirety without permission.
Visual artists need to put their work on their
websites for self promotion; the majority of stock image libraries
conduct their business via the internet, displaying their photographers
work through their sites; photographers clients use photography
to advertise their products via their sites; newspapers and magazines
all have electronic versions of their publications; art institutions,
galleries and museums digitise much of their collections for viewing
electronically, Thus, the worldwide web is awash with imagery
published legitimately.
The perception by many is that these images
are in the public domain and therefore free to use and abuse.
Copyright notices and assertions; fingerprinting
and watermarking methods; restrictions on the size images are
reproduced electronically do little to help the creator control
the copying of their work by the unscrupulous. The tracking of
the use made of their images, by those not licensed, is a near
impossible task for the individual creator.
If an infringement is discovered this presents
its own problems. UK copyright law does not give punitive damages
for infringement, damages alone are based on the licence fee applicable
for the use made. Based on this licence, fees due are too small
to warrant legal representation. Within the UK trading standards
are not in a financial position to help enforcement in the visual
field. Worldwide the various legal systems are an onerous prospect
for individual creators to utilise. The infringer, therefore,
tends to get away with it and so the cycle of theft continues
in the knowledge that the individual creator can't/won't pursue.
Remedies
A robust education programme is needed. Media
courses in schools, colleges and universities must have endorsed
mandatory copyright programmes in their curriculum.
A Government run awareness campaign for the
general public. Ensuring that all copyright works are covered
helping people understand that it is not just music and films
which are protected by copyright.
The criminal provisions of the CDPA 1988 (as
amended) need to be strengthened and punitive damages adopted
to ensure those copying illegally for commercial gain are penalised.
THE EXTENT
TO WHICH
A REGULATORY
ENVIRONMENT SHOULD
BE APPLIED
TO CREATIVE
CONTENT ACCESSED
USING NON
TRADITIONAL MEDIA
PLATFORMS
Legislation is already in place but the will
to make it work by all parties is not. Consultation is needed
to create an industry consensus and meaningful discussions must
take place to establish best practice.
WHERE THE
BALANCE SHOULD
LIE BETWEEN
THE RIGHTS
OF CREATORS
AND THE
EXPECTATIONS OF
CONSUMERS IN
THE CONTEXT
OF THE
BBC'S ARCHIVE
AND OTHER
DEVELOPMENTS
As a public corporation and regarded as a "British
Institution" the BBC is in a unique position to give equal
regard to both sets of rights. Presently the "find it, rip
it, zip it, share it" message given out, perpetuates the
public's view that creative content is a free for all. How many
of the visitors to the archive are young creators who may have
a future but are not being given the right message to help them
protect their own work whilst respecting other creators work?
The CLAG site currently leads consumers to believe that the work
they access can be used as they like and disseminated without
regard to the creator's right, licences are unlikely to be understood
if they are indeed read.
Freelance creators have moral rights which should
be upheld and the BBC is in a position to set an example of best
practice. The present approach of the Creative Archive coerces
freelance creators to assign their rights and waive their moral
rights, in a way that purports to be for the public good. Original
creativity is not encouraged, only the regurgitation of others'
work.
Remedy
The BBC should be instructed to work with creators
unions and organisations to establish best practice for educating
and respecting authors rights.
19 January 2006
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