01.05.2010

Be Diligent re Copyright

Stand up for your legal rights if you identify any Copyright breaches, and follow them up in a professional manner

A BDAV Member recently drew the BDAV’s attention to a window supplier’s double-page advertisement in a leading architectural magazine, which featured a photograph of one of his projects, without his knowledge, and without the required attribution, as required under legislation.

He phoned the window supplier, and discussed the situation in a firm but reasoned manner, and followed up with a written summary to the supplier, stating as follows:

“I refer to our discussions regarding your double-page advertisement which appeared in the March/April 2010 edition of xxx* magazine.

“As the Building Designer for the project, and on behalf of the Photographer, I confirm the advertisement is in breach of the Copyright Act 1968.

“The advertisement fails to attribute author-ship of the Building Designer and the Photographer, as required by Section 193 of the Act.

“Your ‘assumption’ that the builder who supplied the photography had sought the consent of the photographer is not sufficient grounds to dissolve the Moral Right which we, as Building Designer and Photographer of the project, have right to, under the Copyright Act 1968.

“I confirm that your suggested remedy to the breach is to place the double-page advertisement in a future 2010 edition of the magazine, but which will include the required attribution of authorship of the Building Designer and the Photographer.

“Your offer is accepted. The attribution details to be included in the advertisement are as follows: (xxx)*.

“Any further placement of the advertisement, or use of the image in any form of media in any territory, must carry the attribution.

“Finally, I appreciate your willingness to rectify the situation. I look forward to receiving your advice of when the advertisement is scheduled to appear in the magazine.”

Members are urged to stand up for their legal rights, and follow up breaches in a professional manner, similar to that by the Member in question in this example. Information about Copyright is contained in the BDAV’s Practice Notes on Copyright and on the Moral Rights Act, which are downloadable from the MEMBER pages of the BDAV website.

If you have any examples of breaches that could be used in future similar case studies, please email a summary to the BDAV, at info@bdav.org.au.

*Editor’s note: details omitted, for legal reasons.