Enterprise and Regulatory Reform Bill

ERR 46

Submission from the British Association of Picture Libraries and Agencies (BAPLA)

British Association of Picture Libraries and Agencies – BAPLA is the trade association representing photographers, commercial companies, and cultural heritage organisations in the image licensing sector. 

BAPLA wishes to draw your attention to the following: 

 

1. Photographic works will be excluded from any Extended collective licensing scheme

 

According to assurances given by IPO to BAPLA and to it's European sister Association, CEPIC, extended collective licensing will not apply to photographic works.

 

BAPLA seeks assurances from Parliament and the IPO that exclusion of photographic works remains IPO's intention, during and after the passing of this Bill and therefore if the bill is passed that the following is added as an exclusion in the amendments made in the 2nd reading on 12 July 2012 page 183 - 116B (6) "Nothing in this section applies in relation to Crown copyright or Parliamentary copyright, or photographic works").

 

In particular BAPLA would wish to see the exclusion of photographic works detailed in the Code of Conduct of collecting societies (or authorised bodies) as images appear in all printed media and broadcast works and are used to illustrate sound recordings.

 

Notes

A) Extended collective licensing conflicts with the normal exploitation of the work; and

unreasonably prejudices the legitimate interests of the author / right-holder.

 

B) Images contain many layers of rights which when used commercially and with no knowledge  of these rights pose too numerous risks for the user, subject, author and issuing agent of these works - picture libraries and agents. Layers of rights include for example trade marks appearing in many registered  buildings, (in particular USA and Europe),  images of children, or models.

Mass digitisation projects which by definition do not take into account these rights pose many risks  to those making secondary copies and to secondary and subsequent users of those works. 

 

C)  Many photographers hold their work with several  agencies,  often in different territories, further compounding the risks to uses that infringing uses of works will attract litigation. 

D) picture libraries and agencies are instructed and are mandated by contract by many hundred often many thousand photographers to represent their works. Our sector is the largest representative of these works dwarfing the numbers, the works and remuneration derived from secondary rights [1] .

 

 

2. The scope of Orphan Works - OW is limited to analogue images only

 

BAPLA's position on OW has remained consistent since work on this area with government began more than ten years ago; that OW  be limited to non commercial use only and only by cultural heritage organisations and publicly accessible libraries. 

 

The Bill states that the scope of OW legislation will apply to analogue images only. We would seek assurances that prints or other physical copies made from digital images will be excluded and enquire whether by 'analogue photograph' we include only an original work, not a slavish or illegal copy. This must also be reflected in the Bill as an Amendment to 116A.

 

July 2012


[1] Copyright, Contracts and Earnings of Visual Creators 2011. Singh, Bentley, Cooper

Prepared 18th July 2012