stop confiscation of your property and Human Rights in the UK Enterprise and Regulatory Reform Bill

Much of what is written here is understandably difficult for those not familiar with copyright and the world that photographers inhabit. We have created this FAQ in order to make our proposal more approachable, and to answer criticism and objections. For ease of use we have divided this FAQ into sections:

This FAQ is being frequently updated and added to as our proposal evolves.

  • Times are hard and budgets have been cut. Wouldn't the commercial sector be financially better off with orphan works/extended collective licensing as provided for in DEB Clause 43 and continues to be advocated?
    Yes it would, which is why it (and the BBC) lobbied so hard for DEB Clause 43.

    "If a certain measure A is the cause of a loss of one franc to each of a thousand persons, and of a thousand franc gain to one individual, the latter will expend a great deal of energy, whereas the former will resist weakly; and it is likely that, in the end, the person who is attempting to secure the thousand francs via A will be successful." - Economist Vilfredo Pareto (1848-1923)

    Of course you can make more money by selling the property of others without their knowledge, and pocketing the proceeds.

    But that would be immoral and inequitable, wouldn't it? It would also be the death of the freelance professional creative - the very person who creates most of the high quality "content" that the commercial sector, a.k.a "the creative industries", resells. That would rather be like killing the goose that lays the golden eggs, wouldn't it?
  • Is the NCA just for photographs?
    No. We envisage all suitable digital media being included, subject to the wishes of creators in those media and the specific ways in which those media are used.
  • Who should submit their creations to the National Cultural archive?
    Anyone. Public collections, commercial image libraries, sound libraries, individuals, small creative businesses, newspapers, amateurs, professionals, organisations that accept submissions from the public. All would have to agree to be bound by the NCA's technical and administrative requirements and Code of Conduct.
  • Is the NCA only for Orphan Works?
    No. It is for all works, both so-called orphan works and works for which the creators and rights holders are known and can be contacted.