If you
would like to buy a Licence to
reproduce one of my photographs
you will find prices on my Licence
Price page. You can purchase
through the shopping cart in the Main Gallery or simply
send
me an email. No image may
be reproduced without
buying a licence
first.
All
images on this website are � Jonathan C.K.Webb
and may not be copied,saved, hotlinked or
reproduced without permission & Payment.
All rights are reserved and all moral rights
are asserted.
Webb Aviation is not a charity or
source of free images. The images on this
website have cost me �251,692.90 and I
earn my living by selling usage rights to my
images. To reproduce my images you must
first purchase the digital file and licence.
This is for both commercial use and non
commercial use. Unauthorized use is illegal
and can incur
significant damages.
Depending on the individual case , in the
UK, I charge between double and 20 X my
normal price for unauthorised use of my
work. Contrary to web myth, this is backed
by UK law and these higher price "uplifts"
are based on recent court decisions.
Talking of court decisions, the Copyright
Wild West days of the UK are over with the
introduction of new procedures at the
Intellectual Property Enterprise Court
(the IPEC). For small business and
individuals in the creative sector
copyright is now easily enforceable. I
have tried them out myself and the result
was the copyright infringer was ordered to
pay �1800.00,
six times my normal price, plus costs. In my
case the copyright infringer was a Limited
Company and the directors were found to be
personally liable for these damages. This case was also featured in
the May 2019 Journal of the Royal
Photographic Society in an article
entitled"know your rights" about how to
enforce copyright for photographs.
( Click here
for a case report )
Update
2018: its seems many people haven't got the message:
to use my photographs, you have to pay for them! As
a result in April 2018 I was back in the
Intellectual Property Enterprise Court with another
case which you can read about here.
The short version is it cost one company �2851.42
for using one of my photos illegally.
Don't do this, its much cheaper to buy a
licence beforehand than infringe
copyright and pay damages many
times more !
Honest,
paying customers have nothing to worry about
copyright. I do not have complex terms or
difficult to understand limitations and
restrictions. Payment of one "flat rate"
licence fee per image covers almost all use by
that customer. To clarify, here is a summary of my
copyright policy:
Specially Commissioned aerial photos;
Customers specially commissioning aerial work will
receive a non transferable, non exclusive,
licence as part of the job and usage rights are
transferred to the client once the images have been
paid for in full. This allows the commissioning
customer to reproduce the images in any quantity they
wish unlimited by time or geography. With commissioned
work only, a credit to webbaviation is not mandatory
although it is welcomed where given on a voluntary
basis. It should be noted that these image usage
rights for commissioned work are non exclusive and
does not preclude us from further use and resale of
the same or similar images. ( It is normal for us to
make interesting images available for resale in our
gallery) If you need confidentiality I am very
happy to handle confidential work, just tell me what
you need at the time of ordering. The licence is non
transferable so you cannot transfer reproduction
rights to a third party without my written consent.
That includes social media sharing which is not
covered by your licence. Double licenses are usually
provided at no extra cost, where I am working for an
agent such as a marketing firm or architect who is
working for a specific end client, thus giving both
the end client and the agent full independent usage
rights. Occasionally there may be a special condition
/ variations to my standard terms (eg a mandatory
requirement to be credited as author which is our
typical practice for book and magazine commissions)
These variations will in all cases be discussed with
the client before the assignment is agreed.
Licensed stock aerial photos ;
Customers Licensing stock images also receive a
non transferable licence and usage rights are
transferred to the client once the images have been
paid for in full. This allows the licensed customer to
reproduce the images in any quantity they wish
unlimited by time or geography. My stock photograph
usage rights are always non exclusive and I will
continue to offer the same image to other customers. For
stock images , unless you have paid extra for
uncredited use, the reproduced aerial photo must have
a credit adjacent or within the image containing the
word "�webbaviation.co.uk"
eg "copyright webbaviation.co.uk" or " �www.webbaviation.co.uk. If the
credit is omitted the price is double the standard
price. This is a non transferable licence so you
can't give permission for a third party to use the
image. That includes social
media sharing which is not covered by your licence.
The Image Copyright Meta Data must not be removed
even if you have paid for use without credit. this
is necessary to prevent the image becoming a so
called Orphan Work. .If you require an
image to be licence in more than one name then please
email me.
All aerial photos on the webbaviation website
are copyright of Webb Aviation and are protected by
copyright law and are not to be saved or copied in any
way. All other online work including all code, web
pages, forms, menus, buttons, gifs are copyright
protected and may not be copied or reproduced without
written permission. If you would like to reproduce a
stock image you can buy a licence for reproduction,
click here for more information on prices This is
a business and selling licences to use my images are
how I earn my living and feed my family. Over the last
10 years the images in my gallery have cost me
�251,692.90 , mainly the cost of chartering aircraft
but also the costs of Cameras webhosting computers
etc. These costs must be paid for by selling licences
to use the images.
Many people are unsure what this copyright
notice means so to clarify you are not allowed to
do anything with my web images other than view the
images within a browser. Anything else is a
violation of copyright and is illegal in both national
and international law. You cannot save the images (yes
I know its easy to do but its illegal and theft just
the same as bashing me on the head and running off
with my wallet ! ) You cannot print the images . You
cannot link the images so they appear on another page
(called hot linking- see below ) Some people have said
they thought it was OK because they were only saving
it for private use. This is not true either legally or
morally (would you be happy if someone stole your car
but it was "only for private use")
Stock image prints;
All stock image prints are
protected under copyright law and are not to be copied
or reproduced in any way. If you would like to
reproduce a stock image you can buy a licence for
reproduction, click here for more information on pricesWhen you buy a print it is
only the print and not a license to reproduce.All
unauthorized copies of prints whether for
your own use or for others are illegal, even a
single photocopy or scan.
Linking and Hot linking
If you wish to link to any page
of the site we are very happy for you to do so and
encourage other website owners to do just that
provided it is to the full URL address of any complete
page and not directly to an image alone ( a practice
known as hot linking ). All hot linking directly to
all images and graphic is illegal, and not allowed.
For example if you are interested in archaeology and
want visitors to your website to view the picture of
Stonehenge then you need to link to the full
page thus
https://www.webbaviation.co.uk/aerial/picture.php?/2897/category/133
and not just to the individual
image. Putting our image on another web page is
copyright theft just the same as if it were saved and
copied.
If you are still
unsure as to any aspect of copyright my legal
representatives will be only too happy to clarify the
matter further.
Unauthorized
reproduction is illegal and can result in severe
penalties. Many
infringes say that the cost of buying professional
photography is "too expensive" or their use is only a
small use. Well if that the case why not take your own
photographs, its not rocket science. If you only need
a simple snap then any competent amateur
photographer can manage it. I have even written an
article giving guidance on how
to take aerial photographs . The one thing that
is certain is that stealing somebody else's photograph
is not going to save you any money.
Orphan works: Non of my images are
Orphan Works. All of my images will show up in a
diligent search. My images are registered with the US
Copyright office and other places.
Extended Collective Licencing schemes :
I hereby contract out of any and all extended
collective licencing schemes. All of my work is
excluded from the CLA licencing schemes.To use any of
my images, you must obtain permission directly from me
and pay the fee that I choose.
Educational use : The UK is introducing
an exception to copyright for educational use by
schools colleges and universities. The amendment
specifically excludes work that is commercially
available. All my pictures are commercially
available which is the point of this website. That
means non of my images are covered by my
exception. Any educational establishment wishing
to use my images should purchase a license
to do so.
Cyber-shoplifters will be prosecuted!
Copyright
web myths
Looking around the
web, many people seem to be confused by copyright and
getting your legal advice from internet forums can be
a costly mistake. If you make use of copyright works,
you should read the Copyright Designs and Patents act
1988, which is online at the government website here
and the Governments Intellectual
Property Office has produced a guide to copyright
here. Here are some popular copyright web myths
which a quick reading of the act will show you
to be untrue:
Myth 1 ) If an image does not have copyright
information on it then it has no copyright protection
: Wrong, photographs are automatically copyrighted
from the moment they are taken and the copyright
holder does not need to write anything on or near the
photograph. This web myth stems from other countries
but my images are governed by the law in Britain
and Germany where no copyright notice is needed.
Many people say I should write copyright on the
photograph which in most cases I do but I am not
legally required to do so and this is not possible for
my customers who have paid for their photograph, nor
can I control other websites which have stolen my
image and published it on the internet.
Myth 2 ) Copyright notices must
have a �
and year : Wrong: as above copyright exists even if
there is no copyright information shown at all. This
myth stems from old US laws but we are not in the
USA and UK law applies.
Myth 3) If its on the
internet its " in the public domain" and therefore free
to use : Wrong " in the public domain" in copyright law
has a very specific legal meaning and merely displaying
an image in public does not put that image " in the
public domain " . Public Domain images in the UK would
be images taken more than 70 years since the death of
the photographer, ie Copyright Expired.
Myth 4) I got it from
"X" who said I can use it therefore I am innocent.
: Wrong: the user of an image is liable for its
use. Under the legal principle "nemo dat quod non habet" nobody
can assign rights to another that they do not have
themselves. If you acquired the image from another
source, such as your web-designer, you can sue to
recover your losses however "nemo dat quod non habet"
presents particular difficulties if you source your
images from photo sharing or overseas websites where you
may not be able to take legal action. Caveat Emptor,
that "free picture " may turn out to be very expensive
indeed. The "my web designer did it" defence was
tried and failed in my own case of Jonathan
C.K.Webb vs VA Events, & Others ( click here for a
court report )
Myth 5) I stole
the image but now you have caught me I only have to pay
the market rate of 20p : Wrong : you have to pay the
value of the stolen image plus additional sums to
dissuade infringement and for specific costs such
as recovery costs, legal fees, court costs etc.
You may even have to pay the profit you have made with a
stolen image. The value of professional
photographs is much higher than most hobby photographs
so unauthorized use can be very expensive. If you need a
cheep photograph take your own, helping yourself to
other peoples images can be a much more costly option.
Even if you do not think the image is worth much, you
may find the courts take a different view. In
my own court case of Jonathan
C.K.Webb vs VA Events, & Others ( click
here for a court report ) the defendants were
ordered to pay �1800.00 for a �300 GBP
photograph, ie 6 times the then normal selling price,
plus costs which led to the defendant being ordered to
pay a total of �2716.00. Crime does not pay ! In
another blow to copyright infringers, the directors of
the company in this case were found to be personally
liable. Commercial copyright infringement is a
criminal offence in the UK and many other countries.
The "Corporate veil" offers no protection for criminal
activity.
Myth 6) We gave a credit to the photographer
, so that should be enough : Wrong, professional
photographers cannot feed their kids with "credits" and
under UK and international law I do not need to.
Myth 7)
We removed it as soon as we knew it was unauthorized,
therefore we do not have to pay : Wrong : This is another myth
which stems from American Digital Millennium Copyright
Act (DMCA) legislation which is designed to protect
internet service providers and requires that the
aggrieved party first send a " cease and desist "
letter. Most infringers are neither an internet service
provider, nor in the USA. If you use my image you must
pay for it, if you do not want to pay do not use my
image!
Myth 8) My use was "Fair Use" : Wrong : fair use
is a concept which stems from a tight list of
mainly educational copyright exceptions mainly in the
USA. These fair use provisions are tightly defined and
most typical image reproduction falls outside of what is
covered by the legal definitions of fair use. Fair
use in the UK would include such things as putting a
link to a full webpage on your website (but not just the
image ) Recent UK legislation updates introduced "fair
dealing" but this still does not allow the free
use of my photographs for most uses. I wrote to
the Baroness Neville-Rolfe DBE CMGUK who is the UK
Government Parliamentary Under-Secretary (Department for
Business, Innovation and Skills) (Intellectual Property)
responsible for copyright and received the following
statement regarding fair dealing :-
"When considering a case, it would be necessary for the
court to consider whether the proposed use of the
copyright work conflicts with the copyright owner�s
normal exploitation of their work. For example,
your ability to sell or license copies of your
photographs would be normal exploitation. It will
only be in rare circumstances that copying a whole
photograph would be allowed under this new law."
Myth 9)
I changed the image and made a new work out of it which
is therefore my copyright : Wrong: these are derivative
works and the original copyright holds good. You also
need permission from the copyright holder to make those
changes in the first place.
Myth 10)
Infringers are
all just penniless teenage bloggers, copyright law is
only there for big business to get money from ordinary
people. Wrong: In my experience its more the other way
round. A large number of illegal unauthorized
users of my images are very large multi million or even
billion pound concerns who appear to have taken a
deliberate decision to ignore copyright in the hope the
copyright holders wont pursue it. Right now some of the
largest companies on earth are making money from my
photographs that they have not paid for. Intellectual property is the
cornerstone of the modern economy particularly in the UK
where we manufacture much less than was once the case.
Most of the countries income comes from intellectual
property of one sort or another. Products may be made in
China but they are often designed in the UK and because
of the protection of intellectual property a share of
the profits come back to the UK where through the tax
system it is also used to fund public services and the
benefits system. Intellectual property is the UKs main
source of income after banking. The UK is very good with
inventions, science, software, photography, music and
film, without protection of intellectual property we
will have no money!
And finally an apology that the
above copyright section is not the friendliest page on
the website. This is because I now have many more
images stolen than I actually sell and hot linking has
become so bad that at one point my ISP shut down my
website completely for several days because of it. Its
difficult to write a friendly copyright page when your
fridge and bank account are empty but at the same time
thousands of businesses are using the images without
paying for them. Most people are familiar with
shopkeepers moaning that the kids have stolen a few
sweets, well imagine if you ran a shop and the kids
had stolen everything in the shop and
left just a couple of sweets behind for you to earn
your living with. That's the situation that faces
online photographers !
� www.webbaviation.co.uk
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