copyright
All my work is automatically protected by copyright. This is laid down in the copyright act . This means that all photos and videos are automatically provided with my copyright the moment I create them.
It also gives me the ability to issue a license for the work. Everything I create can only be used if a license is granted for it. By default, this is for single use unless otherwise agreed. So please keep in mind that free photos don't exist.
If photos of me are used without a licence, that is improper use. And that is a form of theft. If I find out, you will receive an invoice from me, and it will always be much higher than usual. Because the work has already been published and you benefit from it, you must pay for it. In addition, you often have to remove the work as well. So ultimately, there is no advantage in using a photo without permission. Always make a licence agreement with a photographer or image creator.
WHAT IS COPYRIGHT?
In the Copyright Act, it is described as follows
Copyright is the exclusive right of the creator of a work of literature, science or art, or their successors in title, to make it public and reproduce it, subject to the limitations imposed by law.
Copyright arises automatically. The moment a photographer presses the shutter and a photo is taken, the photo exists as a copyright-protected work.
It is not necessary and not even possible to apply for copyright on the work. From the moment of its creation, it is protected by copyright.
Copyright consists of three main rights:
- The right to make the work public
- The right to reproduce the work
- Moral rights
PUBLICATION
Copyright gives me the ability to decide how and where my image is displayed.
REPRODUCTION
Copyright gives me the ability to issue a license to someone for use.
MORAL RIGHTS
Personality rights recognise the close connection I have as a photographer with my images. They give me the right to object to distortion or mutilation of the work and they give the right to be credited.
That means that if you decide to photoshop to adjust or crop the image. Then I can object to that. I am then within my full rights.
ATTRIBUTION
As part of the personality rights of copyright, attribution is mandatory. It doesn't matter if it's in a magazine, on a website or on social media.
PRINT (MAGAZINE, NEWSPAPER, FOLDER)
Photography by: Guillaume Groen fotografie or Guillaume Groen fotografie
WEBSITE
On a website, the attribution can be done in two ways. But in both cases, a hyperlink to this website is mandatory.
If I have made all the images for the website, you place the following text at the bottom of the page in the footer.
Photography by: Guillaume Groen fotografie with a hyperlink to https://www.guillaumegroen.com
If it's just a single photo, then in the photo caption. Photography by: Guillaume Groen fotografie or just Guillaume Groen fotografie.
INFRINGEMENT OF MY COPYRIGHT
Every photo you see on my website can be licensed. We'll make agreements about that together. There's almost always a fee involved so you can use the photos or video. We'll then agree on a license together.
It is not possible to receive a photo via someone else. In a very exceptional case, under explicit agreements, a photo may be licensed by a third party, but this is not standard. So you must always contact me to agree whether and under what conditions the photos may be used.
If you don't do this and post the photo on your website, magazine or elsewhere. Or place it in an image bank without obtaining an image bank license, you are committing infringement my copyright. This is a punishable offense according to the Copyright Act and my general terms and conditions.
If you infringe my copyright and use the image without a license agreement, you will receive a proposal. This is the value as if I had created the image for you x 200%, covering investigation and follow-up costs.