It is clear that the nails made by us in our work. After signing include pictures that no dishonest person they did not attach itself. But the client may not agree to make use of such photographs or images on our web sites, blogs, articles and various galleries? How is the law of the photos is in theory and practice?

First a little theory. I refer to the Copyright Act and Related Rights dated February 4, 1994, as amended. I quote the first article, which focuses on what is covered by copyright,

1st Art

The first subject matter of copyright is any manifestation of creative activity of individual character, established in any form, regardless of value, purpose and manner of expression (work).

In particular, the second object of copyright shall:

1) expressed in words, mathematical symbols, graphic signs (literary, journalistic, scientific and cartographic works and computer programs),

2) plastic

3) photo

4) guitar maker,

5) industrial design (...).

2 ^1. Protection can only be covered by the expression, are not protected by the discovery, ideas, procedures, methods and principles of operation and mathematical concepts (...). "

Therefore, we know that nails that are creating a kind of work, so images are copyrighted. By reading further in the law, we see an interesting record, namely:

Article 12

If the first act or contract provides otherwise, an employer whose employee has created a work as a result of performing his duties under the employment relationship, acquires the time when the song copyrights within the limits set for the employment contract and the unanimous intention of the parties. "

Which means that if we signed with a contract lounge, this room can on its website and other media to put picture nails done by us and sign only the name of the salon. Defense against this type is to put out; favorable employment contract, to which I encourage. A reliable employer in the event of a work may sign a copyright transfer.

I turn now to the content of copyright. I quote Article 16

Article 16

If this Act provides otherwise, moral rights protect an unlimited time and is not subject to waiver or transfer relationship with the song creator, and in particular the right to:

1) The authorship of the work,

2) to sign the song's name or pseudonym, or to share it anonymously

3) the integrity of the content and format of the track and properly used,

4) decide on the first public release of the track,

5) supervision of the use of the work. "

So, we are authors of both the nail and photos (if we make it wykonałyśmy). The pictures can be freely sign, write your phone numbers, addresses, blogs or anything else what is needed, including treatment of graphics programs. We also have the right, so nobody przerabiał without our knowledge or consent of those photos. We can decide the priority of publication, and we have a right to be informed what is going on with our work. Here too there is no doubt that we are właścicielkami photos and we might publish it freely.

Article 23

First without the permission of the creator must have free use of the widespread work on your own personal use. "

By providing our pictures to a wider audience somehow agree to its use for his own use, excluding, of course, any altering. Use in other cases it is paid for.

The question arises whether the client to ask for permission to take a picture? We can do it with courtesy and generally accepted principles. By law the dissemination of the image requires the consent of the person shown in the picture (Article 81), but that image is to be understood as part of identifying the body, and it is almost impossible to identify someone on the hands. Also there is for us practically legal consequences when we do our picture taken by the nails.

In practice, most clients are happy that it is "their" fingernails on the Internet or newspaper. I think a much bigger problem is the theft of photos and assign them by third parties. I encourage you to read the entire Act on Copyright and Related Rights, as well as to perform as many photos and enhance your portfolio nail.

Author:

Joanna Fronczak

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