Photography and Imagery

Legal Information


Information regarding images and this website

Images for sale on this site (www.DGImages.co.nz) and the corresponding Flickr DG Images Site (www.flickr.com/pommedan/) are limited by there uploaded quality. Low resolution images are featured to make the browsing experience quicker and faster. The Original Image size is usually 12MP to 21MP in 4:3 and 3:2 ratio, portrait and landscape. The low resolution images on the website (Max 1920x1080) may contain reduction artifacts and noise which are a cause of the reduction process.

A factor of images and pictures appearing on a computer monitor is that these images appear brighter and lighter on the monitor than printed on a white medium such as photographic paper. This is unavoidable as monitors have a backlight highlighting the data and images displayed. The difference is usually subtle, and due to my photo labs high specifications the reduction in brightness is not usually a huge problem. I cannot be held responsible for images appearing darker when printed, than displayed on an exterior/internal computer monitor.


Sharing

Linking of images to other websites from this site or DG Images Flickr Site is acceptable as long as the image (when clicked on) links back to the corresponding image page on www.dgimages.co.nz or Dan's flickr Photostream at www.flickr.com/pommedan/ and transfers the user to the originators photostream. Only allowed on a personal website or 'not for profit' site. All business and commercial sites must apply for permission from DG Images (Dan Goodwin). Action will be pursued if any copyright law is breached.


Copyright and ownership

Basically do not copy, re-create, steal, take, alter or pass anything off on this site (www.DGImages.co.nz) or images on Dan's Flickr Site (www.flickr.com/pommedan) as your own work or duplicate in any way and re-sell as any entity, physically or digitally. All Images are protected by full copyright (all rights reserved) unless otherwise stated. Sharing and accessing images can only be done through purchase from this site (Dg Images) or the Flickr site (www.flickr.com/pommedan) via DG Images (Dan Goodwin) contact information, along with full permission from the copyright holder; (Dan Goodwin). This excludes the 'sharing' clause above.

*Hereby known as of present. The 'copyright owner' as Dan Goodwin of DG Images

Photographs are automatically protected by copyright when the photos are taken. There is no need for registration of copyright, or go through any process for photographic or media work to be protected by copyright.

In New Zealand, photos are protected as "artistic works" under the New Zealand Copyright Act 1994.

It is not usually necessary for a photograph to possess artistic quality or have aesthetic value to be protected as an artistic work. For copyright protection, a work must be 'original' in the sense that it originates from the author (creator) and is not copied. It must be a product of the author exercising independent skill and labour.

Ownership of copyright in photographs

The person who takes a photo is generally the first owner of copyright in the material.
Commissioned material − If another person has commissioned and pays or agrees to pay Dan Goodwin of DG Images to take a photograph, that person is the first owner of copyright unless there is agreement to the contrary.

Rights as a copyright owner

The Copyright Act 1994 NZ gives copyright owners in photographs the exclusive right to:
• copy their work;
• publish their work, for example making copies of the work available to the public for the first time;
• broadcast their work or include it in a cable programme service.
The copyright owner can authorise another person to do any of the above activities. The owner of copyright in an artistic work does not have a right to prevent the work being shown to the public, for example by being exhibited in a gallery or displayed on a wall. However, the copyright owner does have the right to prevent the work being put on the internet, because this would involve making a copy of the work.

Privacy rights in certain photographs

Where a person commissions 'Dan Goodwin' to take a photographs for private or domestic purposes (for example, wedding photos or a family portrait) but does not own the copyright, that person has certain privacy protection in relation to the photos. The protection consists of the right not to have the photos:
• published;
• exhibited or shown in public;
• included in a broadcast or cable programme.

How long does copyright last?

In New Zealand, copyright in an artistic work lasts for the life of the creator plus fifty years from the end of the year in which the creator dies.

Overseas Protection

New Zealand photographs are protected by copyright in most other countries and material created in most other countries is protected by New Zealand law.

Moral rights

Artists have certain "moral rights" which give them the right to:
• be identified as the author of the work;
• object to derogatory treatment of the work;
• not have a work falsely attributed to them.
When an artwork is exhibited in public (or used in a number of other ways), the creator has a "moral right" to be identified as the creator. The right to be identified as the author of a work must be asserted to be enforced. This means that an artist needs to require a person to identify them as the author. Moral rights remain with the artist, even if copyright belongs to another person. Moral rights last until the artist dies and can not be transferred or sold to another person.

Permissions to use copyright material

Generally, if you want to use someone else's work (such as text, music or a photograph), in a way that copyright exclusively reserves to the copyright owner (such as copying or uploading onto a website) you need permission. Permission is also known as a "licence" or "clearance". It must be obtained from the copyright owner, or from someone they have authorised to give permission. This may include a publisher, manager or collecting society. Acknowledging creators is not a substitute for permission. Merely acknowledging the creator or the source of the work is no defence to a claim of copyright infringement. You still have to get permission.

Obtaining permission to use copyright material is a matter of negotiation with the copyright owner. The copyright owner does not have to give you permission. They may refuse or only grant permission subject to certain limitations and conditions, including the payment of a fee. If you don't have permission you can not legally copy or communicate the work.