Rights grab

Found this interesting, you may too:

http://www.epuk.org/News-snippets/338/righ...b-dive-magazine

What is interesting is that as my intellectual-property lawyer (and sister-in-law) is happy to explain, you cannot in the UK wave rights which are granted to you by statute (Copy Designs & Patents Act 1988) nor can any such contract be held up to be in perpetuity. Looks like they need a new lawyer (if they used one)! I wonder if it will ever get tested in court?

I hasten to add that this appears to be about Dive Magazine, and NOT Diver Magazine. (There is often some confusion).

The rights blurb is imposed on us by lawyers, but please don't be too quick to judge. As editor of DIVE, I am proud to say we regularly showcase new underwater photographers and pay for everything we use – more than other UK dive magazines, as it happens. As a magazine, the only photographs we do not pay for are promotional distributed images and pictures which are used to promote the photography competitions we organise ourselves, which I believe is common practise and fair enough.

We have a history of supporting up-and-coming photographers as well as publishing the work of established snappers, and there is no question of building up a 'free library'. I understand all the legalspeak can occasion a degree of paranoia, but here at DIVE we're just a bunch of people who love diving and simply want to publish the best stories and pictures in return for a fair payment. Every now and then a payment can be a while coming, but we truly look after our contributors and I am happy to stand on my record in this regard.

Simon Rogerson

Editor, DIVE magazine

London

Your lawyers are stitching you up Simon. Take a look at this:

http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm

You cannot waive your statutory rights in the UK anymore than I could give you permission to kill me and eat me, so that you could use it in a successful defence of a subsequent murder charge!

I have a long string of proven litigation successes with entities that were badly advised including Conde Naste, Express Newspapers, and even the BSAC. Jeremy Stafford-Deitsch will tell you that the most money he got for repro of a photo was after I advised him to go after a national newspaper for using it without a license - and a license cannot be given in perpetuity (not under English Law).

Thanks for the advice, John. Should I ever consider indulging in a spot of cannibalism, I will at least be aware of the legal complexities.

SimonR

I'm off again early in the morning but, cannibalism aside, what about meeting for a beer the week of 27th Nov.?

JB

Sure, I'll be around. Name your day and mine's a Guinness.

SimonR

I love these jovial exchanges...

Even though I'm 'law illiterate' at the moment..It's nice to see our cannabalistic buddies getting on over a pint of the black stuff.

Thanks for making a dullish friday night more enjoyable..

Dive safe

DeanB