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  • 4. FAQ - Fine Art and Photography
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Case 1 "..."

"What is particular about the copyright protection of photography in comparison with other works of fine art?"

In accordance with the legal protection of the Copyright Act of photographs extends wider than for other works of art. A photograph may receive copyright protection as a photographic work as intended in Section 1 of the Copyright Act , if it reflects the original and personal contribution of the person who took the photograph. However, regardless of whether the photograph meets the prerequisites of originality in Section 1 of the Copyright Act, it will receive related rights protection in accordance with Section 49 of the Copyright Act.

Case 2 "..."

"What does the resale royalty of fine art mean and what kinds of work does this apply to?"

The resale royalty means the right of the author of a work of fine art to a resale compensation for the later resale of their work. The author of a work in entitled to a share of the selling price for a work already transferred, once it changes hands again. The size of the compensation is 5% of the VAT-free sales price. The compensation is collected by Kuvasto. The resale royalty applies to all unique products of handicrafts and industrial art.

Case 3 "..."

"A perfect drawn reproduction is made of a photograph taken by you, after which the drawing is exhibited publicly with the intent of a sale. Does the reproduction infringe your copyright?"

The photographer's exclusive rights include controlling the right to reproduce the photograph and make it public. Reproduction of the photograph is taken to mean the duplication of the photograph using any technique. Thus a reproduction by the means of drawing may also violate copyright.

Case 4 "..."

"A photograph taken by you is published in connection with an interview in the magazine Me Naiset. A week later you notice that the photograph you took is published in connection with another piece in the magazine Kotiliesi. Has Kotiliesi infringed your copyright?"

This depends on the terms under which you transferred the right of use for your photographs to Me Naiset and also whether you are employed by the magazine in question, or are a freelance photographer. If you work for Me Naiset, the matter will be resolved in accordance with the terms of your employment agreement. If, on the other hand, you are a freelance photographer and have sold the photographs under single publishing rights, permission will be required for each separate reprint.

Case 5 "..."

"A newspaper publishes your comic strip, but due to its crude speech bubbles criticising contemporary politics, the newspaper alters it to a more neutral direction. Is this permitted under the Copyright Act?"

In principle it is not. In accordance with Section 2 of the Copyright Act, the author of the work controls any alterations to the work. Thus, in principle, the newspaper requires permission from the author of the comic strips in order to change the comic strip. However, the matter will be resolved on the basis of what you have agreed upon with regards to the publication of the comic. If you have given the newspaper the right to make the aforementioned kinds of adaptations, then these changes do not violate your copyrights.

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