During spring/summer 2020 BAPLA hosted a series of seven interactive copyright webinars by Anna Skurczynska, Founder Director of Open Plan Law. The copyright webinars offered a unique opportunity to develop professional knowledge of this important subject area.

Protecting the seeing

Murky origins of copyright for visual works and even murkier issues around originality.

We looked at origins and originality, specifically:

A bit on the origins

Originality riddles

Current UK position

Copyright ownership and how to deal with it

Protecting copyright ownership boils down to one point: use it or lose it.

We answered questions such as:

Ever wondered who owns copyright in the oldest photograph in your collection?

Have you been commissioned to create content as a freelancer and don’t know who owns the copyright?

Do you want to know how to draft an enforceable assignment of copyright?

Is there such a thing as too much copying

Copyright infringement revolves around the concept of “substantial taking”. What is it?

We discussed:

What is the difference between inspiration and infringement?

Do mash-ups and memes infringe copyright in their component parts?

Can I copy ideas?

Would alterations to original work create a new work?

The balancing act

Exceptions to copyright - Why does copyright need exceptions?

We discussed:

Mashups, memes and photographs of other works - when is inclusion of a work incidental?

Trouble with freedom of panorama - Can an auction house use any photograph?

Can any work be included in a book about art? Criticism and review in practice.

Cached copies – are we all infringing?

Fairs Use vs Fair Dealing

Deep dive into exceptions: - Fair dealing - is all fair in copyright?

We discussed:

Does parody need to be funny?

When are news no longer recent?

Sufficient acknowledgement – how much is enough?

Can photographs be quoted?

What is transformative use?

What is the fuss about with fair use?

All publicity is good publicity

Rights in relation to things depicted in photographs.

We discussed:

What is the difference between commercial and editorial use?

Is the depicted person’s consent always needed?

Do I need to clear rights in designer furniture appearing in a photograph?

Can models ask a photo library to remove their photograph under GDPR?

Where is copyright going?

Copyright in the new normal: - Is copyright being snapped up by other areas of law?

We discussed:

Does YouTube now need to work harder to remove infringing content?

What’s new for collecting societies?

Can a robot be an artist?

Will Brexit spell the end of copyright as we know it?

About Open Plan Law

Open Plan Law advises a wide range of international commercial clients in the technology, media, advertising, cultural heritage, visual arts, fashion and retail sectors. We pride ourselves on our expertise in intellectual property, and we also offer broad commercial law advice through a partner network.

As our firm’s name suggests, we work with our clients in the spirit of collaboration. We invest into getting to know their businesses and combine top class client care (including clear legal fees estimates) with commercial pragmatism.

Our approach has gained us a following of sophisticated clients in the UK and internationally.

BAPLA members receive the first consultation free of charge, and a 10% discount on our fees.



+44 203 693 8113