Commentary

82 Photographs, paintings and other two-dimensional works

ADVERTISING AND MARKETING vol 1
| Commentary

82 Photographs, paintings and other two-dimensional works

| Commentary

82 Photographs, paintings and other two-dimensional works

Clearance should generally be obtained from the owner of any copyright and moral rights in any photograph or any other two-dimensional ‘artistic work’1 appearing in a piece of advertising or marketing material.

During the period of copyright protection, the owner of the copyright in such material has the exclusive right to copy the work2. ‘Copying’ in relation to such works means reproducing the work in any material form3. Accordingly, it may be a copyright infringement even if the image depicted in a photograph is reconstructed (either exactly or with a certain level of variation)

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