[pure-silver] Re: Uneasy Question From Nervous Uncle
- From: Dave Hornford <Dave.Hornford@xxxxxxxxxxxxxxxxxxxxxx>
- To: pure-silver@xxxxxxxxxxxxx
- Date: Fri, 28 Jan 2005 13:19:11 -0700
Stein wrote:
>Dear Friends,
>
> I have selected this list as the one likely to give a quick
>professional response. I have an uneasy question.
>
Uncle Dick,
Assuming of course your section of Australia has the same law as the
rest of Australia. You may want to look at: www.artslaw.com.au & in
particular http://www.copyright.org.au/PDF/InfoSheets/G011.pdf
There is a significant difference between Canada & Australia on
copyright of commissioned photographs.
In Canada copyright is with the commissioner, in Australia it is with
the photographer, unless it is for "private or domestic" purposes. Then
it is with the commissioner.
In Australia copyright of photographs lasts 70 years after the copyright
holders death, where in Canada it is 50 years after the end of the
calendar year the photograph was taken. (With the usual variation based
on when the photograph was taken and what rules were in place then)
As well the copyright holder in Australia retain "moral rights" to their
work regardless of other copyright licence they may grant. This protects
your work from being used in an otherwise legal way without attribution
or that prejudice your honour or reputation. But only if you are the
copyright holder. If these photographs are considered commissioned works
for "private or domestic" purposes the commissioner of the work retains
copyright.
In answer to your question of who is at legal risk. Both the copier &
the person who directed the copying is at legal risk.
Dave
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