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Your Work and Copyright

Copyright arises at the moment a qualifying work is created. There is no formal register of copyright protected works in the UK. Meaning your work is protected since its creation meaning when you pressed the button on the camera .

To clarify “Copyright is the exclusive right to copy, issue copies, adapt, use, distribute and display an original work of authorship, such as a photograph. This right is protected by the laws of the United Kingdom. For more information, see:United Kingdom Intellectual Property Office Copyright notice: digital images, photographs and the internet - GOV.UK (www.gov.uk)

Further more any changes and /or /modification to an original work is a derivative work . A prior authorisation is required . Creation of a derivative without prior permission from the copyright holder is considered as a copyright infringement. (Due to the fact they have added graphics to original work)

It is a misconception to believe that an image displayed on your website (therefore available to SEE on internet) is in the public domain .In fact ,“The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.” Which is not the case here , Dario who is the copyright owner never made this image available to use for free without his consent prior to its commercial use.

Here is what the gov states on their website to take action :Intellectual property: Copyright - detailed information - GOV.UK (www.gov.uk)

“I want to stop someone using the image I created in a way I do not approve of or have not approved If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. This may save you time and money, and it may be necessary to show a court that you have tried to solve the matter with the other party. Mediation is one way of resolving an issue before starting court proceedings. The IPO offers a mediation service which can help to resolve intellectual property disputes – including copyright – without going to court. If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage. Besides infringing your copyright, it is also possible that somebody may infringe your ‘moral rights’, which are legal rights enforceable by the authors of copyright works. When people use your images, they should do so respectfully, even if they have your permission to use them. If you have ‘asserted’ your ‘moral right’ to be credited for creating the photo, then that user should acknowledge you as the creator. Such an assertion is often made by written contract or may be embedded in the image with metadata. As the creator, you will also have the moral right to object if people alter your work in a way that is negative to your reputation (known as “derogatory treatment”). If you take the matter to court, you would usually need to establish evidence that your reputation may have been harmed.”


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