Information on copyright and pricing
Copyright Statement
For the avoidance of doubt, all the images, text and graphics on this site are
by Alan Mackie
and are Copyright © Alan Mackie
and all Moral Rights are asserted.
The display of images on this website constitutes an invitation to treat.
To Request Additional Information
Just click the text in bold below and send an email with your name, address, business name or website
URL and the details of your question.
Click here if you wish to
ask for any information about copyright licences.
Thanks.
General guide to pricing
As you would expect the prices charged for licences to use photographs is related directly to the
number of people who will see the images. A hotel's or construction company's advertising brochures
will be seen by far fewer people than a national newspaper, for instance.
Much more expensive is website use which is world wide publishing and the prices that 197 aerial
photography quote reflect that fact. Anything posted on any website can potentially be seen in
any country of the world and it would be an error to assume that there is such a thing as a local
website. It is called the world wide web for a very good reason.
The normal charges for the use of 197 aerial photography's images and text are based on
industry standard prices for rights-managed high quality aerial photography. As you would expect
the price quoted will reflect the size, use and medium in which the images are used.
Web use is the most expensive and for print use the number of copies and distribution is the main factor.
In all cases the copyright owner must be identified and this is in line with current industry
practice and legal requirements.
Simple advice with regard to the use of copyrighted text and images
DISCLAIMER: This advice is of a general nature and is for guidance only.
If you are reading this section of the page because you have been caught illegally using images
copied from this or any other website then you are strongly advised to seek legal advice from a
copyright expert. Be aware that general solicitors tend not to have the necessary expert knowledge
of the subject and have in the past offered misleading advice to infringers on several occasions.
In the UK if you cannot afford legal advice you may be able to obtain it free of charge and your
local Trading Standards office should also be able to clarify your legal position if asked.
It is the duty and responsibility of any person publishing anything to ensure that they
are doing so legally and with the licence of the copyright owner. The law insists that you ask
beforehand.
Website owners by registering a domain name enter into a contract not to use the domain for
illegal purposes including breach of intellectual property rights, slander, fraud, etc. By
purchasing web space similar contract terms are imposed and anyone running a business who has
not read both of these contracts carefully may be in for a nasty surprise if they then go ahead
and breach the terms.
It's not a defence to a claim of copyright infringement to plead that the image was supplied
to you by another business, company or person. In the specific words of the law “it is
immaterial whether any intervening acts themselves infringe copyright”. The best advice
is not to take anyone else's word for it - confirm permission or licence terms directly with
the image or text's owner before it is published in your name.
It's very easy these days by using search engines to determine in a matter of seconds who owns
text, images, music or other content you find on websites. Not to do so is foolish, especially
if you're using the material for commercial purposes. Be assured that website content is not
there to be used for free by any passing light-fingered thief.
There is also in the UK a criminal offence of copyright theft as many illegal file downloaders
have recently discovered to their cost. In simple terms the knowing commercial use of copyrighted
material without the licence of the owner is a criminal act. These types of cases are investigated
and pursued by Trading Standards officers rather than police authorities.
In the majority of cases the commercial use of images or text copied from this site will result
in payment being sought to compensate for the infringing use, by legal action if necessary.
Any business or individual publishing any image(s) or text copied from this website in any form
or medium without seeking prior permission and paying for a licence to do so can therefore expect
to receive a claim based on 197 aerial photography's and current industry standard prices
for the use of high quality rights-managed images. The amount claimed would also of course have
been the basis of any legitimately negotiated copyright licence fee.
If any unauthorised or unlicensed use fails to identify the copyright and moral rights owner of
the image(s) then the minimum claim will, in line with international pricing standards for
copyright licences, include a surcharge of at least 50% to take account of the breach of the
Moral Rights requirements of the Copyright, Designs & Patents Act 1988, as added to and
modified.
Please note that there is no justification for any difference in price between commercial and
non-commercial uses of photographs. They all cost the same to produce regardless of the eventual
use and that is reflected in the photographic industry's pricing guides.
Any person falsely claiming copyright ownership of infringing material either as an individual
image or as a general assertion on the page or published material is in line for even higher
damages claims, as you would expect. A false and dishonest claim of ownership may well be
construed as fraud and/or passing-off under criminal legislation and is certainly a highly
dubious act.
Always remember that if you can find images on websites using a search engine then those
images when shown on YOUR website can be found in exactly the same way. You WILL be caught
if you steal copyrighted material. There are no hiding places on the world wide web.
You can see from the above that it is cheaper, safer and a lot less trouble to seek permission
before using any copyrighted material rather than afterwards.
Any future requests for licences for free use of any images or text from this website will be
refused, more or less politely, depending on the nature of the request.
DISCLAIMER: This advice is of a general nature and is for guidance only. Please consult a
competent legal professional who is an expert in the field of copyright law (if you can afford
one) if you require specific advice regarding your obligations and duties before acting on any
of the information given above.
Terms of Trading
If you wish to read 197 aerial photography's terms of trading then a .pdf version
(Acrobat reader required) along with a current price list can be requested by email by simply
clicking the link below and adding your name and address to the blank email:
Please send me a copy of 197 aerial photography's terms of trading along with current prices
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