No pictures may be used in any way without a written permission
Stefan Lindblad, all rights reserved.
WHAT AM I BUYING?
Read about copyright.
Text taken from the website of The
Association of Swedish Illustrators>> Organization for
illustrators and graphic designers in Sweden
First a few words on copyright
Respecting the work of the originator goes without saying for anyone
seriously interested in purchasing pictures. Copyright law can be
summed up in two words: Ask first! The Copyright Act affords copyright
owners protection over their work, in this case the depiction of
a motif, in the same way as the Designs and Patents Act affords
protection over various types of inventions. The Copyright Act covers
both analogue and digital use of pictures. A PICTURE includes many
types of images, such as photos, drawings, illustrations or collages.
The work delivered to you by the originator is to be considered
am I buying?
When ordering a picture you are only acquiring the right to use
it in a specific manner. All other rights of use — THE COPYRIGHT
— always belong to the originator.
2. Who owns the picture?
The ownership of the picture always remains with the originator.
If you wish to keep the picture, you have to reach a special agreement
with the originator.
3. How may the picture be
The picture may only be used in the manner agreed upon with the
originator. This may pertain to a certain number of printed copies
with a specified distribution, or publication on the Internet during
a specified period. If any changes are made subsequent to the agreement,
the originator must give his or her consent.
4. How about using the picture
As soon as the picture is to be used more
than once, the originator must be notified. Remember that using
a picture several times may entail further costs.
5. Can I make alterations to the picture?
No alterations may be made to the picture
without the consent of the originator. This includes cutting, retouching,
digital manipulation as well as other methods. However, there
are instances where a certain amount of cutting is allowed, providing
the content is not distorted. In these cases the originator must
be informed in advance. When the picture is used in an editorial
context, or as information, the name of the originator MUST accompany
the image. When used in advertisements, the name OUGHT to be printed.
For how long is the picture protected?
The sole right of use remains protected for seventy years following
the year the originator died. A photograph that is not deemed to
be a work of art, is protected for fifty years after the year it
was produced. For an image to be deemed to be a photographic work
of art, it must reflect individuality, originality and a distinctive
character. This means that two individuals are never able, independently
of one another, to produce the same picture.
7. Am I allowed to produce
Additional copies of the picture may not be produced without the
consent of the originator, be it in newspapers, other printed material,
as photocopies, or on the Internet.
I allowed to transfer the picture to a digital media?
Transferring the picture to a digital media is equal to producing
a new copy. This also includes the transfer of a picture from one
digital system to another and the printing of such a picture. As
a consequence, prior consent of the originator is mandatory. Nowadays,
the digitisation of pictures is an integral part of the printing
process. When the originator consents to the printing of a picture
the use of this digitisation is said to be inherent. However, any
other use of the digitised picture is not allowed, and it must be
removed after the printing is completed.
9. What about buying
a picture from an archive?
When buying a picture from an archive, you are only acquiring the
right to use the picture in a specific manner. After using it, the
picture must always be returned without having been damaged. If
the picture is used again, the prior consent of the originator must