Hi Simon, I understand that the section covering Orphan Images was dropped from the Act at the last minute due to the objections from the industry:
http://prodig.org/2010/04/08/clause-43-thrown-out/ which is good news. :rah:
I've read through the text of the Digital Economy Act 2010 and there is no mention now of it. The intention was to insert the new rules into the older legislation, Copyright, Designs and Patents Act 1988 in Section 116 as 116A, 116B, 116C, and 116D, but that hasn't happened.
Having said that, we need to be vigilant as this could be raised again in another piece of legislation and slip past us. According to DACS this is the current legal position of photos:
http://www.dacs.org.uk/pdfs/factsheet_14.pdf (right click and select Save File As to save a copy to your computer.)
Having said that, marking online images is sensible advice anyhow - for compressed web images such as many of us use for our websites the meta info can be stripped out by the compression process, so a visible copyright mark might be a better option. If anyone wants to add one this can be done fairly easily using software such as Photoshop, Paint Shop Pro, etc... the copyright symbol © can be added by using the key combo ALT+0169 and then add your name or trading name and the year.