If the photographer/creator is alive, or died less than 70 years ago, the image is protected. After this period, the works belong to the public domain.
You can reproduce it if you have received the authorisation of the photographer and the person depicted. However, since copyright is transferable (Article3. §1, para.1 of the law of 30 June 1994), a publishing rights society or a photographic press agency appointed by the photographer/creator or his/her assignees may grant the prior authorisation for reproduction required by the law.
The operator of the website is responsible for the prior request for authorisation. This natural person or body corporate assumes editorial responsibility for the website. He makes available to the public the material that he himself has developed or had developed by third parties. And in some cases, the Internet service providers.
By contacting either the photographers/creators (of the photo and of the content) or the assignees (successors to the right, publishing rights societies or photographic press agencies).
Even if a creator or composer is not affiliated to a publishing rights society, the copyright still applies. In such a case, the request for authorisation should be sent directly to the creator, the photographer or his/her assignees.
Always request authorisation from:
Indeed, the author of a literary work or creator of an artistic work enjoys an unalienable moral right to the work (Article I. §2.).
Notwithstanding any waiver, he/she retains the right to oppose any deformation, mutilation or other modification of this work or any other attack on the same work that is detrimental to his/her honour or reputation.
NO. The name of the photographer/creator and the source must be mentioned below the image.
A request for authorisation also has to be sent to the photographer/creator or his/her assignees in the case of a planned partial reproduction.
To do this, you have to obtain the prior written authorisation of the photographer and the original publisher of the postcards.
In this case, the prior written authorisation of the publisher responsible at law is also required.
NO, unless you have made sure that the copyright and image rights have been settled. In that case, this photo could be used in articles written on the event concerned by the press conference. On the other hand, any other use, in particular subsequent to the event, is unlawful without the prior agreement of the photographer.
NO. The purchase of an image does not imply the right to be able to reproduce it unless the terms and conditions of purchase make provision for this and these have been drawn up by the photographer or the assignee.
NO. In application of the law of 30 June 1994 on copyright and related rights, the author of a literary work or creator of an artistic work alone has the right to convey it to the public by means of any process whatsoever, including by making it available to the public in such a way that anyone can have access to it from the place and at the time he or she individually chooses.
These royalties paid by users are transferred to the photographers/creators (every six months after deduction of SABAM’s administrative costs which amount to 20%.)
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