Interior Designers and Press Copyrights – The BIID Interviews NLA Media Access

Protection of copyrights has been a big issue lately, particularly in the design world, with the passing of the Intellectual Property Act earlier this year marking a great leap forward for copyright laws in our industry. But did you know that designers are subject to the same laws governing the media?

Many of our members host press cuttings from national interiors magazines on their websites, and have questioned whether they should be doing more to ensure they are doing so within the law.  The BIID spoke with NLA Media Access, a collective society of media organisations who work to license press cuttings for marketing and PR purposes:

What is the NLA?
NLA is a publisher owned rights licensing and database business.  We provide access to and license the re-use of publishers' content. NLA licences contribute to a vibrant UK media and support journalism. You'll find an overview in our infographic on our website.

Why does it affect Interior Designers?
Copyright law applies to all commercial organisations regardless of industry. This has been the case for a considerable number of years and is not a new concept.

Who set it up?
NLA was set up by the National newspaper groups to protect their copyright and issue blanket licences to cover all copying instead of one off permissions previously granted.

Who is the NLA run by and who does it represent?
NLA is publisher owned and also represents regional newspaper publishers, international newspaper titles and magazines. More information here

If the article in an NLA publication is about my business, why can’t Interior Designers use it for free?
Regardless of the subject of any copyrighted material, permission must be obtained by the copyright owner (generally the publisher or author) of the material to reproduce it.

Who benefits?
RNLA licence fees are distributed back to the publishers as royalties for the use of their work.

What powers does the NLA have?
The NLA and the publishers can sue for breach of copyright as much as any business can take action against a company for unlawful use of their work. This is verified by the Intellectual Property Office who provide detailed copyright advice.

Which laws relate to the NLA?
NLA works under the Copyright, Designs & Patents Act 1988

How can you tell what is copyright infringement and what isn’t?
If a business is using a cutting from a publication for commercial purposes without permission they are in breach of copyright. Any direct publisher permission will be in writing and have terms and conditions of use attached.

What are “eClips?”
eClips information can be found here. It is basically a portal of cuttings hosted by NLA media access.

Who uses them?
Clients of Media Monitoring services

How can a designer use press cuttings without breaking the law?
No one using cuttings in a business capacity regardless of industry is excluded from copyright regulations. You may of course buy the original hard copy and pass it around, but you may not make any reproduction without permission. This includes printing from publisher websites, hosting articles on your own business website (even if it is about your product), scanning or forwarding by email etc. To avoid licence fees you may use a link to the publisher website only. You must be careful not to use text extracts with the link as again this would infringe literary copyright (the written word).

How much will it cost?
Licence fees are dependent on company size and the type of copying undertaken. If your members would like quotes we are happy to provide on a case by case basis. Simply ring 01892 525273 and select option one. Price lists for all our licence types are also available on our website.

When and how do designers have to pay?
Designers, as all other business types, are required to hold either direct publisher permission or an annual NLA licence to copy. Publishers will also charge a fee and it is usually annual. Licences and permissions must be renewed annually as required.

Many designers are sole traders - is this just another form of tax?
Copyright is important to protect the creative industries from having their work used without payment. I am sure designers will appreciate that simply taking someone’s work and using it as you like without payment to the creator is in effect, theft. Tax goes to the government and you have no choice. Licence fees go back to the publishers for the use of their work, you have a choice as to whether you use someone else’s copyrighted material, and the owner of that material has a right to ask for fees for the usage.

If you are hosting magazine articles on your website, give NLA Media Access a call to find out how you can republish work legally. Their phone number is 01892 525273, or they can be contacted here. They have a dedicated new licensing team of 8 people all of whom can provide assistance and advice on copyright and licensing regulations.