Topicm32689d48dc774352_1528449000663_0Topic

The law in photography

Levelm32689d48dc774352_1528449084556_0Level

Second

Core curriculumm32689d48dc774352_1528449076687_0Core curriculum

Grades VII and VIII

V. Compliance with law and safety principles. The student:
1) recognizes and respects the right to data and information privacy and the right to intellectual property;
2) acts ethically while working with information;

Timingm32689d48dc774352_1528449068082_0Timing

45 minutes

General objectivem32689d48dc774352_1528449523725_0General objective

Understanding the legal rules for taking pictures

Specific objectivesm32689d48dc774352_1528449552113_0Specific objectives

1. Differentiating situations in which taking a photo is allowed,

2. Differentiates situations when and on what terms a photo available on the Internet or in newspapers is allowed to use.

Learning outcomesm32689d48dc774352_1528450430307_0Learning outcomes

The student:

- differentiates situations in which taking a photo is allowed,

- differentiates situations when and on what terms a photo available on the Internet or in newspapers is allowed to use.

Methodsm32689d48dc774352_1528449534267_0Methods

1. Flipped classroom,

2. Discussion and brainstorming

Forms of workm32689d48dc774352_1528449514617_0Forms of work

1. Individual work,

2. Class work.

LESSON STAGESm32689d48dc774352_1528450135461_0LESSON STAGES

Introductionm32689d48dc774352_1528450127855_0Introduction

Answer the questions:

1. Is it possible to use images available on the Internet or in newspapers and signing under them?

2. What is copyrightcopyrightcopyright?

3. Are there legal rules governing when you can use the images available on the Internet?

Procedurem32689d48dc774352_1528446435040_0Procedure

Task:

Students search for websites on the Internet where they can find information whether everything can be photographed, when and under what conditions previously published photographs can be used. Next, a class discuss this topic in the class.

Nowadays, photography should be considered omnipresent. First of all, this was due to the digital technologydigital technologydigital technology that makes it easy to perform, and secondly the Internet as the medium for publication. The digital camera which is present in any mobile phone, in connection with the Internet and social media allows for quick image registration and placing it on the web portal or sending via MMS. However, it is worth knowing that the possibilities of taking photos, and especially their subsequent publication, and the use of already published photographs are regulated by specific law rules. These rules are worth to be known and used to not expose yourself to unpleasant consequences and not have to pay expensive penalties.

Photographs are protected by law, which was specified in the Act from 4th February 1994 on Copyright and Related Rights. Firstly, the mentioned act defines when the work done (including photography) is a copyright work and because of that, it is protected, and secondly the Act delimits and defines the principles of personal copyright and property law.

As far as copyright is concerned, it can be assumed that each photograph is a subject of this protection because, according to the statutory definition, the work is „the result of creative activity of an individual character fixed in any form” and during taking a picture, a photographer individually selects the composition and decides when to press the shutter button. In addition, the photographer usually processes or retouches the photo, which gives additional individual features to the work.

If we already know that our (or other people's) photography is a copyright work and is a subject of protection, it is necessary to explain what personal and property law is.

Personal copyright law concerns the creator of the work, who made it. It is very important that this right is inalienable, i.e. you can't change the information about author of the photo (whether it is free or you have to pay for it). So let us remember that if we have taken a picture, the personal law will always be ours and we can't give it to anyone. We will always be able to sign under this photo that we have made it. If the photo is published somewhere in a wider forum, we can require it to be signed with our name and artist's nickname. This law protects us from the fact that no one else can sign as the author of the picture we have taken. If someone violates this law by publishing our photo and signing himself as its author, we have the right to demand indemnity.m32689d48dc774352_1527752263647_0Personal copyright law concerns the creator of the work, who made it. It is very important that this right is inalienable, i.e. you can't change the information about author of the photo (whether it is free or you have to pay for it). So let us remember that if we have taken a picture, the personal law will always be ours and we can't give it to anyone. We will always be able to sign under this photo that we have made it. If the photo is published somewhere in a wider forum, we can require it to be signed with our name and artist's nickname. This law protects us from the fact that no one else can sign as the author of the picture we have taken. If someone violates this law by publishing our photo and signing himself as its author, we have the right to demand indemnity.

The second area of copyrightcopyrightcopyright protection is copyrightcopyrightcopyright property law, which sets the rules on which photo we can give or sell to someone and allow to use it (e.g. privately in the case of photos from family celebrations, in a newspaper or on the Internet portal). If we are going to allow someone to use our photo, it is worth to do it formally by signing a contract about the transfer of property copyrightscopyrightcopyrights. There are many possibilities and rules on which such permission can be given, which we professionally named as granting a license.

We can grant an exclusive license (the photo is only given to one recipient and we can't give it to anyone else) or a non‑exclusive license (we can give the photo to different recipients).

Another very important element of the license is defining the fields of exploitationfields of exploitationfields of exploitation, i.e. indicating how, when and where our photography can be used by the recipient and when it is forbidden. The most often we find a formula of permission to use „on all known fields of exploitationfields of exploitationfields of exploitation”, but we can also agree on the chosen usage.

In the contract, we should also indicate the time of granting the licensegranting the licensegranting the license, it means specify the time for which it is granted. We can of course grant a license for an indefinite period (ie „forever”), but we can also decide to grant a license for a shorter period of time (eg only for a year or two).

So let's remember that our photographs are protected by copyrightcopyrightcopyright and in the case of unauthorized usage of our image, we may report a ban on its use and even demand indemnity. However, this law also works the other way and if we use someone's photo without the author's agreement, we have to deal with unpleasant consequences.

Another issue is taking pictures of random people. Remember that you can only publish such a photo if you get the permission of the person in the picture to publish her/his image. It is a different situation when there is no one who is particularly distinctive, but there is a group of people, a gathering, a public party or a landscape. Then, the permission to publish photographs is not required. Individuals may be photographed without written permission only if they are public people performing their official duties.

Also remember to observe the prohibition to photograph places marked with the appropriate sign. If you see such a sign, do not take pictures even without the flash.

[interactive Illustraction]

Lesson summarym32689d48dc774352_1528450119332_0Lesson summary

Remember!- photographs are protected by law,- when using someone else's photo, obtain the author's permission and sign it with his/her name,- pictures of public persons can only be done while they perform their official duties,- respect the photo prohibition sign if it has been set.m32689d48dc774352_1527752256679_0Remember!- photographs are protected by law,- when using someone else's photo, obtain the author's permission and sign it with his/her name,- pictures of public persons can only be done while they perform their official duties,- respect the photo prohibition sign if it has been set.

Selected words and expressions used in the lesson plan

author's permissionauthor's permissionauthor's permission

copyrightcopyrightcopyright

demand indemnitydemand indemnitydemand indemnity

digital technologydigital technologydigital technology

fields of exploitationfields of exploitationfields of exploitation

granting the licensegranting the licensegranting the license

prohibition signprohibition signprohibition sign

written permissionprohibition signwritten permission

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copyright1
copyright

prawa autorskie

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wymowa w języku angielskim: copyright
digital technology1
digital technology

technologia cyfrowa

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wymowa w języku angielskim: digital technology
demand indemnity1
demand indemnity

dochodzenie odszkodowania

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wymowa w języku angielskim: demand indemnity
fields of exploitation1
fields of exploitation

pola eksploatacji

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wymowa w języku angielskim: fields of exploitation
granting the license1
granting the license

udzielenie licencji

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wymowa w języku angielskim: granting the license
author's permission1
author's permission

zgoda autora

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wymowa w języku angielskim: author's permission
prohibition sign1
prohibition sign

znak zakazu

R1DHYc9O62wzV1
wymowa w języku angielskim: prohibition sign