Copyright in 3D

[Alex Ramsay]

Well, this is likely to create some chaos. An excerpt from an email just received from my agent:

 

'Finally, the UK Government has activated the long-threatened Repeal of s.52 CDPA 1988.

Traditional licensees have now got 6 months to sell off existing stocks of images containing depictions of design furniture, industrially replicated design items and other, such as mass-produced ceramics, glassware, ‘objets de vertu’, jewellery, fashion-ware, lighting, carpets, wallpaper, vehicles and street furniture, which now come into copyright for the life of the designer + 70 years.  

 From now on, the UK Government has determined that not only those who reproduce industrially replicated designs in three-dimensions, but also those who reproduce them in two-dimensional images, must obtain licenses from the new rights owners, unless each featured industrially replicated design item is merely incidental, or is specifically subject to criticism and review.

 The UK Government, conducting a cost benefit analysis, decided that the new rights owners should have the same protection in respect of 3D industrially replicated design items against other licensed 2D depiction as the owners of rights, e.g.: in paintings, graphic works and works of artistic craftsmanship.'

[Martin P Wilson]

Yes, it might be a challenge but we can hardly grumble when we expect our IP to be protected! It reraises the argument that "professional" stock photographers should be more assiduous in getting permission either for access or as in this case, use of other people's creative efforts.

 

There are some important exceptions as Alex points out: incidental use - a general street scene may include protected street furniture as an subsidiary element, and of course criticism and review is a permitteed exception.

[RedSnapper]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515332/160408_guidance_s52_final_web_accessible.pdf

[Broad Norfolk]

Thanks for posting that, Keith. Interesting reading.

 

Jim.

[spacecadet]

We need a statement from Alamy on this. I wonder how robustly they are going to stand up to, say, a major car manufacturer who comes after images here. Having sales in that area and knowing their usual supine response I'm not too hopeful.