published by Sweet & Maxwell in the United Kingdom; the US
Copyright Offi ce site at http://www.copyright.gov; and the UK Copy-
right Service site at http://www.copyrightservice.co.uk/protect/p16_
photog raphy_copyright. In addition, there are many discussions about
photographers’ rights on various Internet forums.
I live in hope that some of the more outlandish ideas about copy-
right end up being modifi ed over time. It must be in the interests of
the microstocks themselves to sell a wider range of work and not
succumb to every claim of copyright or trademark infringement thrown
at them. One option is for more libraries to follow Shutterstock’s lead
and to accept images for editorial use only. That will, however, require
the libraries to undertake more research and to employ lawyers
to advise them, at least for the major jurisdictions. The whole subject
of copyright law is very complicated—and I repeat the warning I
gave at the beginning of this chapter to carefully check the up-to-date
position in your own jurisdiction and with the libraries themselves,
but it is not beyond the ability of the leading libraries to offer a more
sophisticated, law-based approach. A whole generation of microstock
photographers is in my view presently being misled about their true
rights.
I should add that photography is subject to numerous local laws
and regulations. I do not propose in this work to cover these complex
and shifting issues, but I do ask you to be aware of them. If you are
traveling to a new destination in a country you are not familiar with,
it is a good idea to check with your embassy, consulate, or other
advisory service about possible restrictions on photography.
DATA PROTECTION ACT REGISTRATION
Be aware that if you collect personal data about your models—names,
addresses, etc.—you will, in the United Kingdom, have to register
under the Data Protection Act of 1998 (DPA) with the Information
Commissioner and comply with the eight Data Protection Act princi-
ples regarding use of that data.
For more information about the DPA, please have a look at
http://www.ico.gov.uk. These rules are restrictive and impose
obligations that are beyond the scope of this book. My present view,
therefore, is that when you get your model to sign his or her model
release, you should at the same time get him or her to sign up to
your Data Protection policy (as part of your terms of business, perhaps),
the purpose of which will be to provide you with greater freedom
to store and use personal data, and possibly transfer those data
overseas if so required. This applies even if you are using unpaid
friends and family. Even if you do not supply the information to
any library, you as the photographer are potentially subject to the
requirements of the act.
THE PRACTICALITIES 181