Additionally, it can be a criminal offence to possess an infringing item in the course of business or to possess the means to make an infringing item or the apparatus to show or receive an infringing item. It can be an offence to copy a slide or transparency commercially on the grounds that it would be convenient to do so and will prevent the need to contact the photographer every time the photograph is required. Ignorance of the law is no defence to a criminal prosecution if the infringing party has reason to believe an infringement is taking place. An employee cannot be expected or required by an employer to commit an illegal act, but equally an employee, or anyone else, for that matter who regularly deals with copyright material should be aware of the law for themselves since they can be held personally accountable for their actions; especially in situations where an employer or client denies any corporate wrongdoing!
Copying improperly
The 1988 Act defines copying in relation to photography as ‘reproducing the work in any material form’, including ‘storing the work in any medium by electronic means’. That covers a lot of ground and was designed to include processes that nobody had yet thought of. Rights owners may object – especially in situations where storage and dissemination of images electronically is concerned. UK law allows up to six years from the moment any infringement occurs for the rights owner to seek a legal remedy. If the rights owner was deliberately prevented from knowing that an infringement had occurred, this is fraud and the time limit does not apply. It is best to seek advice promptly, either from your professional association, or a legal advisor, in all but minor cases because attempts to go it alone could inadvertently weaken one’s position. For those in doubt, member organisations of the BPLC will usually be able to advise on available legal services.
Copy shops should display notices pointing out that it is not permitted to make copies of anything which is within copyright, but these notices are often difficult to see and frequently covered with other items. No business should ever copy anything, be it a transparency, slide or a print, without first checking on copyright, although usually their own terms and conditions of business make it clear that they copy only on the basis that the person presenting the material for copying has the authority to do so and will bear the responsibility if anything goes wrong. Social photographers are the usual sufferers here. Clients have been known to evade the cost of multiple prints from the copyright owner by taking a proof to a cheap copy shop. This is a blatant copyright infringement and should be pursued energetically by all legal means, thus raising media interest, which might deter others from cashing in.