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UK Citizens May Soon Need License To Photograph Stuff They Already Own (arstechnica.com)

An anonymous reader writes with this story from Ars Technica UK: Changes to UK copyright law will soon mean that you may need to take out a licence to photograph classic designer objects, even if you own them. That's the result of the Enterprise and Regulatory Reform Act 2013, which extends the copyright of artistic objects like designer chairs from 25 years after they were first marketed to 70 years after the creator's death. In most cases, that will be well over a hundred years after the object was designed. During that period, taking a photo of the item will often require a licence from the copyright owner regardless of who owns the particular object in question. This sounds like a great kernel for a short story, and a terrible idea for a law.

37 of 197 comments (clear)

  1. The UK is regressing to Victorian times... by Anonymous Coward · · Score: 5, Insightful

    ...but without any of the freedom that came with lack of surveillance technology. Conservative policy since Thatcher has been solidly about contracting out as much of the apparatus of State, including the laws themselves, for the benefit of business-friends.

    The best thing to do is laugh at the 1/6 or so of the population stupid enough to have voted in this government, and encourage the rest of the population to vote them out again.

    1. Re:The UK is regressing to Victorian times... by prefec2 · · Score: 2, Interesting

      The strangest thing about the UK is that only 30% voted for the Tories, but the they got over 50% of the seats. How is this in any way fair and democratic? Sadly, the UK converts back to a feudal society. I loved to stay in the UK every now and then, but if this development continuous it will be Manchester all over again.

    2. Re:The UK is regressing to Victorian times... by monkeyxpress · · Score: 4, Interesting

      That is by design of the First Past the Post electoral system though. I agree that it does sound pretty dumb on the face of it, but it's arguable as to whether the alternatives are that much better. You could have direct democracy, where each bill is put to referendum. This would even be practical with modern technology. But are members of the voting public really going to put effort into understanding the intricacies of complex or niche bills so as to ensure the best outcome for society at large? Maybe, but then you could see many ways this process would just allow big money to hijack the democratic process even more efficiently. It could also lead to a situation where everyone vote for their own self interest, which may create lots of tragedy of the commons like situation.

      A more intermediate option is to move to a proportional representation system, such as MMP. The problem this has is that it is possible (and even likely in a partisan environment) for a fringe party to appear and prevent either main party from reaching a majority. This party then holds the balance of power, which can make it impossible for an effective government to form.

      Indeed the main argument for FPP is that it allows effective governments to form, and that having an effective government is better than having a proportional one that can't do anything. One of those is good at preserving the status quo, while the other is better at getting things done. I guess which you think is better depends on how bad you think things are now, and whether you have any faith in politician's abilities to improve things.

      I think the more immediate problem for the UK is that it still has a bizarre upper house and a far too cosy relationship between the monarchy (and its periphery) and parliament.

    3. Re:The UK is regressing to Victorian times... by prefec2 · · Score: 4, Informative

      On the continent many countries use proportional representation based on lists of candidates. And usually parties must form coalitions to govern. This is not necessarily a problem as long as political parties are able to compromise. It even allows to make the process of democratic consensus more transparent. For example, in Germany the conservative party is in a coalition with the social democrats and they worked out a treaty for this coalition which is a compromise between both party programs. In addition Germany has direct candidates. So the first all winners of a direct seat go to parliament and then they check if this fits the proportional representation scheme. And if it does not the under represented parties can seat additional politicians from their list.

         

    4. Re:The UK is regressing to Victorian times... by driblio · · Score: 2
      Generally true, but

      I think the more immediate problem for the UK is that it still has a bizarre upper house and a far too cosy relationship between the monarchy (and its periphery) and parliament.

      The upper house is bizarre, and needs reform, but they proved their worth in one swoop and defended democracy when they blocked the tax credits bill.

      http://www.theguardian.com/commentisfree/2015/oct/29/manifesto-promise-broken-general-election-david-cameron-child-tax-credits

      The monarchy has little to no influence in politics- it's only there for tourism.

    5. Re:The UK is regressing to Victorian times... by sjames · · Score: 2, Interesting

      That doesn't explain why OF THE PEOPLE WHO VOTED, 30% voted Tory but 50% of the seats went to the Tories.

      That is explained by gerrymandering.

    6. Re:The UK is regressing to Victorian times... by monkeyxpress · · Score: 2

      Yes, it does seem to work well for Germany, though note that the reason they have a proportional system is precisely so that no single party could easily gain total power as in the weimer republic days. It is by design a less 'effective' form of government. My main problem with MMP, from my experiences with it in New Zealand, is that it causes parties to become extremely populist. What I mean by this is that the political discourse gets obsessed with media driven trivial issues (like the current flag debate). Of course you could argue this happens in the UK as well, but actually the govt has some leeway to ignore these things because in the end it is the constituent vote, and hence local issues of local importance, that mostly win elections, rather than winning the popular vote by having a PM with a good smile.

      With a two house parliament the UK could potentially mitigate the faults of each system by having a proportional upper 'check' house and retain FPP for the lower house. It would force a government to compromise on its general direction in line with the popular vote, while still being able to pursue a cohesive plan.

    7. Re:The UK is regressing to Victorian times... by Hognoxious · · Score: 4, Informative

      One, it was closer to 40% than 30%.

      Two, boundary changes are decided by a neutral, independent body.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    8. Re:The UK is regressing to Victorian times... by rjforster · · Score: 2, Informative

      Three. We had a referendum about an alternative voting system in 2011. The existing system was kept. Deal with it.

    9. Re:The UK is regressing to Victorian times... by Anonymous Coward · · Score: 2, Interesting

      Triviality is used to distract the populace from voting on real issues. This is just as much of a problem (actually even more so) for FPP systems. The big parties want more power that may not be beneficial to the public as a whole, so they create media circuses around trivial issues. Now the populace is voting based on this disproportionate media coverage for issues that do nothing for anyone (except pander to the bigotry and fear of the average voter).

      A government that is prevented from enacting unreasonable and unjust laws (because the incumbent powers that be can't force their own policy through) is definitely not worse than one that can't seem to vote any changes to the law at all.

      A slow acting government is a good government. Nothing ever comes from knee jerk legislation.

    10. Re:The UK is regressing to Victorian times... by monkeyxpress · · Score: 2

      It depends how you define monarchy. The House of Windsor is a tourist attraction, but they merely represent the more visible parts of a deeply entrenched feudalistic tradition that continues to permeates UK society. The House of Lords is just one example of this. The fact that some guy called the Duke of Westminster owns large parts of central London is another. The special privileges of the City of London is another. I mean, most people have no idea that Winston Churchill was the son of the incredibly wealthy Duke of Marlborough, and was always going to have doors opened for him into the realms of power, and that this sort of thing still continues with the whole Boris-Cameron-Osborne crowd.

      None of this is an orchestrated conspiracy though. It is just what you would expect when you never started from scratch (like USA, Australia etc), or had a big clearing out of your ruling class and its institutions (e.g. France, Russia). I just think many British people are so used to these sorts of things that they don't realise that it is not normal that someone from the North without a posh accent grows up believing they can never be prime minister because they weren't born into the right family. In New Zealand/Australia, people genuinely don't have this belief (though it is starting to happen now). Sure they grow out of this ignorance (life is not fair there either) but at least they see it as an injustice, rather than just accepting it as their 'lot in life'.

    11. Re:The UK is regressing to Victorian times... by CanadianMacFan · · Score: 2

      It works so well that Australia has had something like four Prime Ministers in the last five years. Plus I wouldn't count the number of bills passed as how well the government is working. Why does the government need to be passing so many bills? When you are passing that many the members don't have a change to properly investigate and debate them before voting. (I know I'm being optimistic but I do think that's their job.) By pushing through so many pieces of legislation the government becomes less accountable for bills that filter out websites, erode ecological protections, and take away personal freedoms.

      One of the problems we've had in Canada was not the number of bills but the previous Conservative government using omnibus bills for the budget which packed in everything they wanted to get passed. In one of them they put in a Copyright extension to 70 years for certain recordings.

      The government shouldn't be passing a ton of bills. There should be a smaller number of well-crafted, single issue bills that get debated and voted on based on what is needed (not in a knee-jerk reaction).

    12. Re:The UK is regressing to Victorian times... by dryeo · · Score: 2

      I think the more immediate problem for the UK is that it still has a bizarre upper house and a far too cosy relationship between the monarchy (and its periphery) and parliament.

      That bizarre upper house, when it had more power, used to stop the stupid things that democracies often do like this copyright act. Look at the history of copyright. Back at the beginning of the 18th century when Parliament decided on copyright, the House of Commons got tricked by the publishers (stationers) argument that it was "for the artists" and almost gave indefinitely long copyright. The House of Lords put the brakes on this and argued that copyright should be for a limited time and then works should go into the public domain. The end result was a copyright law that was limited to 14+14 years (with a grandfather clause of 21 years), copies went to the libraries at Oxford and Cambridge and the actual title include the fact that copyright was for the encouragement of learning. The Americans version of copyright was almost identical to this.
      When works started to come out of copyright in 1731, the stationers argued that copyright was a natural right in common law and they should be able to keep it forever (sound familiar?) and once again the House of Lords, in their capacity as the Supreme Court, stopped that by ruling that copyright is not a natural right and only exists at the pleasure of Parliament (see https://en.wikipedia.org/wiki/... ).
      Copyright is just one example of how democracy can work against the common interests of the people and having a non-elected balancing house can be a good thing. Likewise with the Queen currently. She is the ultimate check on Parliament completely ignoring the will of the people. Ultimately she has veto power, can dissolve the Government forcing an election for a new Parliament and even the Armed forces are responsible to her. She also serves as a respected non-partisan adviser to the government. Note that she can only use her powers in extreme situations as without the agreement of the people and future Parliaments, she can and will be fired.

      --
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    13. Re:The UK is regressing to Victorian times... by serviscope_minor · · Score: 4, Informative

      Three. We had a referendum about an alternative voting system in 2011. The existing system was kept. Deal with it.

      That was the Tories being devillishly smart. Part of the coalition agreement was to put that to the vote. The tories managed to find a system even less popular then FPP to go to a referendum. Just because the even worse AV failed, doesn't mean FPP is the best or even preferred by the public.

      --
      SJW n. One who posts facts.
    14. Re:The UK is regressing to Victorian times... by AmiMoJo · · Score: 2

      The AV referendum demonstrated exactly what is wrong with UK politics. People are fucking idiots. They are so mind numbingly stupid it gives you a migraine. The number who said they didn't understand something most 10 year olds can grasp, as if it was perfectly normal and okay to be borderline mentally retarded, was pretty shocking.

      The coming EU referendum will be decided on fear and stupidity. The only question is who can run the most negative campaign of fear and stupidity. The out camp have been doing it for years, but the in camp has fear of change and the break up of the UK on their side. It's hard to predict which way the sheep will go with wolves on either side.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  2. fascist-socialistic chaos by harvey+the+nerd · · Score: 2, Interesting

    The UK is becoming chaotic. Leave and ignore. When that sh|t shows up here, or elsewhere, hopefully people will laugh it off, or stomp them.

    1. Re:fascist-socialistic chaos by Anonymous Coward · · Score: 2, Insightful

      This has nothing to do with socialism you idiot.

  3. So we never own anything buy? by Revek · · Score: 4, Insightful

    That is the dream of any manufacturer that they sell you something you never own. You can use it but heaven forbid you talk about it. I'm sure they will want to charge for chairs by the sitting next. Hey! you can't sit in that chair. I'm only allowed fifty sittings a month in that chair. Sounds crazy, just like this article.

    1. Re:So we never own anything buy? by monkeyxpress · · Score: 5, Insightful

      Yes, that is the goal. The problem is that physically making stuff is quickly becoming a very low barrier for competition. 20-30 years ago, if you wanted to, say, make furniture, you would need an enormous amount of capital expenditure, a big factory, lots of workers. Now you can buy the machinery (or just outsource it to china) for probably 10% of that cost. It means it is very hard for a big incumbent to maintain large profit margins because a small up-start can jump in and start competing.

      Big corporates hate this. The whole idea of being a big corporate is that you can stomp around being wildly inefficient but have so much money you can either crush or buyout anyone who might threaten your position. Reducing competitive barriers to entry scares these people a lot because it may very well expose their incompetence.

      So the natural avenue of attack has been to compensate for the loss of scarcity on the physical side with made-up scarcity through this whole notion of 'intellectual property'. First they will get people to accept that someone who admittedly came up with a nice original design, should have this crazy (70 years after their death) monopoly on that design. Then they will expand it to cover things that you would not consider very original at all. Then they will get really sloppy with even checking if there is any originality. Before you know it you will have to have millions of dollars to go to court and invalidate a government-enforced-monopoly if you want to make anything that looks like it could be a chair, which you won't be able to do if you are a small up-start, and so mega-corp goes back to not working very hard and flying around on junkets in corporate jets.

      This is the way the world works. What will kill it is the march of technology, and globalisation. The Chinese still don't really care about copyright, and when Westerners realise that they are living in relative poverty because of all these government enforced monopolies that keep a bunch of incompetent lawyers rich, they will get really annoyed. Sadly we are probably a decade or so from that.

  4. Re:So, what actually changed? by Anonymous+Brave+Guy · · Score: 4, Interesting

    The point is that there was an exception to the usual rules for copyright that meant the duration was shorter for works created via an industrial process. That exception and the associated rules are being repealed.

    The argument for this seems rather hypocritical in light of the recent changes regarding private copying. In the latter case, basically the government was in favour of introducing the private copying exception and did so, but then failed to get it upheld in court based on some weasel words about compensating rightsholders that apparently primary legislation can't overrule. (If you're thinking "WTF?!" at that point, you're not the only one.) And yet in this case, it seems anyone who for example already publishes a book about these works that was perfectly legal until the changes under discussion is considered collateral damage and there is no talk anywhere of compensating them for potentially having to pulp all of their creative works, i.e., the books about the other works that happened to contain relevant photographs.

    And of course there is the usual logical argument about how copyright is supposed to incentivise the creation and sharing of new works, so retrospectively extending it to works several decades old so the rights will last longer than an entire human lifetime is surely going to be an effective incentive for the long-dead creators of many of those works to create more.

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  5. The End Of The (Western) World As We Know It by mschwanke97402 · · Score: 2

    Just one more example of how giant, multi-national corporations are increasing their stranglehold on governance of western countries. Can you image taking a family picture in your own home that happened to include some stupid designer chair or couch, then posting to FaceBook to share with your relatives, only to get a DMCA takedown notice to remove it or else? What if that was the last pic of dear old Aunt Granny that you ever took??

    From what I understand, you can't post a vacation picture of the Eiffel Tower at night because there's a copyright on the evening light show. Ditto a number of other designer buildings in Europe, day or night.

    It is enough to put one off of capitalism in general and the modern implementation of it in the U.S., Europe, Japan, Australia, etc. in particular. What has happened to the public good or the commonwealth?

  6. Re:So We Never Own Anything We Buy? by sudon't · · Score: 4, Insightful

    It's not a joke, manufacturers are really pushing us towards this idea that you don't truly own the stuff you buy. That said, I doubt you will need a license to photograph stuff you own. You may a license to publish such a photograph, which is bad enough.

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    -- sudon't

    Air-ride Equipped

  7. UK; this surprises you? by wnfJv8eC · · Score: 2

    That country is working hard on becoming a toliet. The movie 'V' for Vendetta. Start thinking about Brits.

    1. Re:UK; this surprises you? by moonlandingchap · · Score: 4, Interesting

      Too damn right! It's a shithole that is only getting worse. Lived in lovely france for 9 years and came back to the UK to find a hostile, unfriendly, big brother watching you, tax the shit out of the them, country. All the good things of the past are gone and the future is looking more and more bleek. Back to France soon me thinks. This is one rat that is going to swim for it!

  8. Why would anyone sue a photographer over this? by ZorinLynx · · Score: 2

    Think about it.. the more photos of your "designer object" are out there, the more people will find out it exists and decide to buy one from you.

    This is not like taking a photo of a painting where the image itself is what's valuable.

    1. Re:Why would anyone sue a photographer over this? by Applehu+Akbar · · Score: 2

      Parent makes total sense here.

      The newly placed night illuminations on the Eiffel Tower (one of the examples in the article's do-not-phoptograph list) are an original work of art that is under copyright protection. The copyright would prevent a person from putting similar lights on some other tower.

      Photographs taken of the illuminations are my own original work, not part of the Eiffel Tower, and any European law against my photographing them is crap that I will gladly violate whenever I please. Feel free to try to fight your way into gun-intensive Arizona to come and steal my vacation pictures.

    2. Re:Why would anyone sue a photographer over this? by jgdnavy · · Score: 2

      Because the two dimensional photograph of a three dimensional object does not fill the same purpose. You might be willing to settle for a framed photo of a painting as both act as wall art, but a framed photo of a statue or chair does not replace the actual object.

  9. Headline Writers Untie! by PopeRatzo · · Score: 2, Insightful

    No, you won't need a license to "photograph stuff you already own". You may need a license if you want to publish photographs of someone else's intellectual property.

    It's still stupid, but you don't need to try to make the headline scarier than the truth. It doesn't help and it only upsets the children (see other comments).

    --
    You are welcome on my lawn.
    1. Re:Headline Writers Untie! by Solandri · · Score: 2

      You may need a license if you want to publish photographs of someone else's intellectual property.

      You can already have your video pulled from YouTube because someone drove by with the radio blaring some copyrighted song. This law will allow you to be sued over photos of your vacation because some copyrighted object happened to be in the background."Publishing" was a lot more distinct back in the days when you had to sell a photo to a newspaper or magazine. Now you can post it on Facebook or YouTube and that can constitute "publishing". The line between "show your friends" and "publish" has become very blurred.

      Copyright needs to be adjusted to borrow from trademark law. Two people or companies can have the exact same trademark, just in different fields of business. So Apple Records and Apple Computer could coexist (until Apple started selling iPods with music available via iTunes, at which point they had to negotiate a licensing agreement). If your YouTube video is not a music video or does not have a song as a soundtrack, then the song's copyright shouldn't apply. Likewise if your photos are for some purpose other than commercially exploiting the object in question, then its copyright shouldn't apply. I can (sorta) understand designer objects wanting to protect rights to use photos of those objects commercially. But unless the entire purpose of the photo is to exploit that object in particular, the copyright shouldn't matter. Unless you're running a competing theme park, Disney should not be able to prevent you from posting photos of your trip to Disneyland.

    2. Re:Headline Writers Untie! by PopeRatzo · · Score: 2

      Needing use license from an artist to commercially reproduce their work is stupid?

      Oh no, not at all. But needing a license to show an example of the work of a designer is quite stupid.

      Taking and publishing a photo of a chair doesn't impinge on intellectual property any more than taking a photo of a book infringes on the copyrighted material within.

      Now, if I want to copy and make and sell more of those chairs, then I would quite rightly need a license. But to photograph? Nah.

      My opinion on the facts of the story don't change the fact that it's a very stupid and intentionally misleading headline.

      --
      You are welcome on my lawn.
  10. Re:So We Never Own Anything We Buy? by Anonymous Coward · · Score: 3, Insightful

    > You may a license to publish such a photograph

    Clothes may have a copyright on their design. Putting on facebook may be publishing. Do not put up photos of anyone wearing clothes, only of people without clothes.

  11. Re:It is really really stupid. by Purity+Of+Essence · · Score: 2

    I guess only nude portrate photographs are going to be allowed as someone owns the copyright on the clothes designs

    You better not have any tattoos.

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    +0 Meh
  12. Who is the refrom candidate? by Jack+Griffin · · Score: 2

    Ok so we all know the drill about how totally fucking ludicrous copyright is getting. So instead of continually bitching and moaning, who are the candidates pushing for reform that we can all go out and support them?
    Democracy works by action, not all sitting around moaning. I need a hero....

  13. Re:Just wondering by Dunbal · · Score: 2

    The law doesn't apply to the ruling class, you should know better slave.

    --
    Seven puppies were harmed during the making of this post.
  14. Re:So, what actually changed? by russotto · · Score: 2

    At least one of those is bullshit "photography featuring the iconic âoeWelcome to Fabulous Las Vegasâ sign are not restricted by copyright⦠photos of all of the famous Las Vegas Hotels on the strip are."

    Photos of architecture taken from public property are not subject to copyright in the United States. 17 USC 120(a).

    Also, the Hollywood sign is not copyrighted, though the owners of the trademark do try to push their rights as if it's a copyright and trademark.

  15. Re:The article is likely wrong by billyswong · · Score: 2

    How can I "show it to friends" if posting on the internet is considered a publishing act already?

  16. Re:So, what actually changed? by camperdave · · Score: 3, Interesting

    I believe there should be two types of intellectual property protections: private and commercial. Private is for things like personal photos and trade secrets; things that are not intended for public consumption. If something IS intended for public consumption, like a book or a film, then it must be registered. Registration lasts for one year, and is not automatically renewed. The cost of registration starts off at 1 cent for the first year of protection; and for each subsequent year, the cost is double the previous year. The owner of the intellectual property is free to renew registration for as long as they can afford to do so. Once the registration expires, the work becomes public domain.

    The first 20 years of protection would be fairly easy for a corporation to pay for: a little over $5000 for a year's protection. At 30 years, you'd better have a lucrative item, because it would cost $5million to protect. At 40 years, it would cost nearly 5.5 billion dollars.

    The system has three advantages:
    1 - It is easy to tell if something is still under copyright. Simply look up the registration number and see if it has been paid for.
    2 - It is self cleaning. No corporation on the planet has deep enough pockets to keep something registered forever. I doubt even Disney could afford the 5 trillion dollar price tag for keeping a movie until the 50th anniversary of their release.
    3 - It is a revenue stream for the government. Someone has to collect those license fees.

    --
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