S1 – E5 – Fair What?! A Look at Copyright

EP 005: Fair What?! A Look at Copyright

Show Notes

Have you ever had an image stolen? Do you know your rights if and when it happens? Toby reveals his confrontation with UK pop star FKA Twigs after she pinched one of his images a few years back, altered it, removed a watermark and published it to her Instagram without any credit whatsoever. Say what!!?? Yep, and that’s just one incident!! The digital age has made this an all-too common occurrence, so listen in as Mez and Toby arm you with all the information you need to fight copyright infringers, no matter who they are.


  • What is Copyright? – Copyright: the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
  • Connection between copyright and usage (usage and licencing is going to be another episode guys! It’s a hot and detailed topic!) Owner of the copyright RENTS an image out as ‘usage’ under a ‘licencing agreement’  – copyright does not change hands, you are simply renting out your image. Client can not transfer usage onto others and has no copyright authority.
  • Toby spills the tea about his run in with FKA Twigs and her use of Toby’s work without permission. A clear Copyright infringement! We dissect the whole situation to give clarity on what copyright infringement looks like!
  • What is the Copyright law in Australia?
  • What is fair dealings?
  • Fair dealing v fair use – we go into the Government’s Productivity Commission’s report into Intellectual Property.
  • We look at the ‘Artist’ Richard Prince and his dodgy practices as an example of how Fair Use can work against creatives and leave us open to plagiarism and having our work stolen.
  • Toby gives us a hilarious example of the correct way to ask for permission when wanting to use an image.  It involved Anna Nicole Smith and Wikipedia – whhaattt?!
  • How copyright infringement and the stealing of images has become rampant since introduction of image based social media.
  • We discuss how people view what’s online as a free for all and the flip side of it being brands expecting to use images for free.
  • The importance of protecting your copyright and the value in it! 
  • Resources on copyright to help you navigate 
  • A bit of advice on how to go about confronting someone who has stolen your work.

Show Credits

Click Click Bang Bang: A Photography Podcast is written and produced by Meredith Schofield and Toby Forage.

Edited by Toby Forage

Music by Simon Figliuzzi

Brand design by dingdingding.co

Thanks also to Sean Brokenshire and Bandit for their help in the studio.

Show Links & Resources