Research or private study

Fair dealing with a photograph for the purposes of research or private study does not infringe copyright in the photograph. There are tight restrictions on multiple copies in this context. Strictly, this includes faxes, digital copies, photocopies and the like, however if these are made in the course of seeking permission to use or are held simply for reference by an individual without intent to gain a financial benefit there is unlikely to be objection from rights holders. If such `fair practice’ copies, especially in electronic form, are tagged or clearly marked as such rights holders are also unlikely to object.

Criticism and review

Reproduction of a photograph is allowed for the purpose of criticism or review of the photograph itself, or some other work, provided that it is accompanied by a credit identifying authorship and the title of the work, if any. Again, this must be for genuine fair practice purposes and not just for decoration, to fill an empty space on a page or to provide an educational resource.

Reporting current events

The 1988 Act recognised reporting current events as an activity which may require the use of copyright material. However, the UK Parliament was persuaded that the living of news photographers and photo-journalists would be seriously affected if copyright photographs could be used without payment and the action defended as fair practice. Photographs are specifically excepted from this fair dealing sub-section and may not be used in this context without the permission of the rights owner. This is contrary to practice in some other EFA states and this important provision may yet be eroded by yet more proposals under consideration in the European Parliament.

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