Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Copyright issues re a picture framing web site

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
Chris K
Regular Member
Regular Member


Joined: 19 Apr 2011
Posts: 17

PostPosted: Wed Nov 25, 2015 1:20 pm    Post subject: Copyright issues re a picture framing web site Reply with quote

I’m a website designer. I’ve created and manage a web site for a picture framer. I've since realised that there may be a copyright issue with what he's asked me to do.

He buys, mounts, frames and sells all the following as framed pictures. Alternatively, some are just mounted (no glass or frame). They are sold online from his site (plus from other sites and at exhibitions). The sales value is less than £100.
1. Original art
2. Prints
3. The front of greetings cards

In addition the web site features some of the commissions he’s been given - these may be photographs, maps, paintings etc. I have asked him to get permission from his customers before I put the images on the web site, and he assures me that they have given permission. I thought this was all that was necessary, but I read something recently which made me wonder if there was a copyright issue with the artist, map publisher, photographer etc.

Your advice on these issues would be appreciated.
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1523

PostPosted: Wed Nov 25, 2015 3:14 pm    Post subject: Reply with quote

Hi Chris,

I think you right to be cautious about this. As a picture framer, he is not copying anything and so he doesn't need to worry much about getting permission for the work he does. But copying his finished framed work in order to put it in the website will amount to infringement if it done without permission and the work concerned is covered by copyright. It is also wise to assume that virtually every graphic work which has been brought in for framing is in fact still in copyright. Even what appear to be old nineteenth century maps or art works may well be modern digital copies which could attract copyright.

Assuming that it is he supplies you with the digital images of his finished frames and he has assured you he has the necessary permission, you would have a good defence as a secondary infringer (ie someone who publishes an infringing image (see section 23 of the Copyright Designs and Patents Act) but this is by no means foolproof and you really ought to get the framer to indemnify you against liability, in writing, that everything he supplies to you has had the necessary permission obtained. It is highly unlikely that with commercial products such as posters, prints or greetings cards, such permission will be easily obtained and his customers won't be the ones to give permission in such cases. Furthermore, it will be the suppliers of these goods who are most likely to find the images of their work on the website and want to take further action.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Chris K
Regular Member
Regular Member


Joined: 19 Apr 2011
Posts: 17

PostPosted: Wed Nov 25, 2015 4:19 pm    Post subject: Reply with quote

Thank you, Andy. I think it slipped past my radar initially because of art galleries, auction houses and places like ebay all showing images of framed pictures for sale. Do you think copyright owners turn a blind eye if they know the image is going to be online for a temporary period only and for the purpose of re-sale, rather than as a permanent decoration for the site?
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1523

PostPosted: Wed Nov 25, 2015 5:51 pm    Post subject: Reply with quote

Ebay, auction houses and galleries who display images of the works they are selling for artists or clients are able to take advantage of a special provision found in section 63 CDPA expressly designed for this purpose. The same exception would not apply to the picture framer who is of course just advertising his frames.
Quote:
63 Advertisement of sale of artistic work.

(1) It is not an infringement of copyright in an artistic work to copy it, or to issue copies to the public, for the purpose of advertising the sale of the work.

(2) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.

For this purpose “dealt with” means sold or let for hire, offered or exposed for sale or hire, exhibited in public, distributed or communicated to the public.

_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Chris K
Regular Member
Regular Member


Joined: 19 Apr 2011
Posts: 17

PostPosted: Wed Nov 25, 2015 9:01 pm    Post subject: Reply with quote

I understand, thanks again Andy.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group