Copyright permission question
Posted on: Mon, 04/12/2010 - 17:47
Copyright permission question
I was dating a girl for a few months and i took a photo of her from her facebook and photoshopped it for valentines day so she was in a heart and just her face was showing. She later asked me to use a photo of her to make a business card, so i did. i have both of these pictures on my deviantart site, and now that we are broken up she said she is going to sue me for copyright infringement. We had a verbal agreement that i could use the picture of her, but do i need written concent too? please help i dont want to remove my artwork unless i am forced to. thanks
Nothing. You have no reasonable expectation of privacy at a wedding.
It's actually an interesting question. Under UK law, although the photographer owns the copyright of their photos, there is a right to privacy in photos made for private and domestic purposes within S85 of the Copyright Designs and Patents Act 1988. Wedding photos fall into this category,
But, as you'll see from the Act, the right is controlled by the person who commissions the photos, not anyone who happens to appear in them. Wedding photographers often stipulate that this right to privacy be waived in their contracts with clients, so that they can publish the photos for portfolio use or elsewhere. So your question boils down to whether the bride or groom who commissioned the photos gave permission. If not, then they have legal redress against the photographer if they want it. If they did grant permission, then there is no problem. Either way, all you can do is complain to the bride and groom. It is for them to decide whether they accept what the photographer has done.
There might be more to this, eg if the photographer took a photo that depicted you in a way that ridiculed or defamed you. But you'd need proper legal advice on that, and deep pockets.
Photorights admin
I was recently at a wedding where a friend of the bride was taking pictures. I asked her not to take mine. She did, then later sold the picture of me.
What can I do about this?
The designer, and perhaps you, seem to think that because the clothes are his design, he has some rights over your photos. This is wrong. You created the photos, they are yours to do with whatever you wish. The clothes are his design, that he can do with whatever he wishes. Crucially, a photo of an article of clothing is not a "copy" in any sense, just as a photo of a sausage is not a sausage. Copyright protections only apply where the expression of an idea is replicated. If you made clothes that derived from the designs that would be infringement, but the law regards your photos as sufficiently different that they are your original creative work with their own copyright that belongs to you.
Conversely, if you photographed his design illustrations or patterns, that would be "copying", and constitute infringement.
This is all perfectly sensible, if you think about it. Most clothes are someone's copyright design. The law does not require us to apply to the designers for permission every time we take a photo, else ask everyone to strip.
So, stick to what you agreed, and if the designer can't see they are being an arse, ignore them. It would be polite and generous to publish the photos with an indication of the designer's name etc, but there is no obligation.
Photorights admin
So, the photographer is attempting to sell his work, his photos. What is the problem?
It's not clear whether you object because
(a)it was a charity event, so you feel he is obliged to give away his work.
(b)you believe that because the clothes are your design, you are entitled to free copies of the photos
(c)you consider the photos damage your company's commercial interest in some way, eg by selling copies of your designs to a competitor
(d)that he should have sought your permission and/or the charity's permission, and/or obtained model releases
To run through these quickly
(a)It's up to the photographer. You may feel he is morally obliged to give his work away to support the charity, but this may be unrealistic. Some pro's specialise in working for charities, they cannot live on thin air. Hobbyists who have day jobs often will give away their work, but as with most things you tend to get what you pay for.
(b)The fact that the clothes are your design confers no rights over the photos, which the law regards as creative works in their own right and the property of their creator, not "copies" of your intellectual property.
(c)However anyone who, without your permission, creates copies of your clothes from the photos would be liable for damages and you could sue. If the photographer conspires to create illicit copies, they would be liable too.
(d)In a public place no permission is required. In a private venue, trespass can apply. That is, the landowner is entitled to prohibit admission, or impose conditions such as "no photography", and to eject or sue for damages anyone who refuses to comply. If no conditions were imposed, then the photographer did nothing wrong.
Model releases are not required for reportage or editorial uses. You, or the charity, will need model releases should you wish to use the photos for advertising.
Photorights admin
I own a clothing company which recently took part in a charity event. A photographer was present and took pictures of the models wearing the organisations , and has now posted the images on his website asking for a fee. No verbal agreement had been made or agreement drawn up prior to the event, and so i was wondering as to where i stand from a legal standpoint. It would be great to get your perspective before i decide on what further action to take.
Dear Sir/Madam,
I am a freelance photographer and I am also working on an upcoming online fashion magazine. Recently I organized a photoshoot with a few models I have founded via Internet and a designer who agreed for the models to wear his clothes for the photoshoot purposes. The designer refurbishes and seels branded clothes. Everyone agreed to the photoshoot on these terms:
1) Everyone gets the photos for their own usage
2) I will use the picture however I want, and also the ones I choose will be featured in the online magazine
3) No fees charged on anyone including models, designer and myself
It's a verbal agreement with the designer and written with the models.
Now however the designer (the person who allowed us to use his clothes for the shoot) is giving me trouble setting me deadlines and choosing the pictures I can use for the magazine or anywhere else. I want to use the photos that I want to use, the way I wanna use them and whenever I want to. He claims it would be illegal if I used the pphotos anywhere without his permission and supervission. He hasn't got any photos of me yet so he can't use any either for his own purposes.
I would like to know whether I am allowed to use the photos that I took that day, the way I want to and without any restrictions? Or would I have to at least mention his name/shops name? It really bothers me because me and him can't go along well and I want to get to work on what I have already started. Could you please help me out in this matter.
So she gave you verbal permission to copy the photo, and now she's changed her mind and thinks she can sue you? Well, um, permission is permission and doesn't need to be in writing, although it does help avoid disagreements. However continuing down that road will only enrich lawyers, since it's her word vs.your own, and at the end of it all, what damages does she think she can claim from you? What is the real, provable extent of her commercial loss? That is what any UK court will want to know. Courts don't like to be used to pursue personal feuds.
I'd suggest you do the gentlemanly thing : remind her (in writing) of her previous consent to use her work, remove your derivative artwork from Deviantart, tell that this is not because of her silly threats but because you have no wish to embarass her, and get on with your life. Re-make the artwork with a nicer girl who has a better attitude. It's going to be far less trouble.
[nb: as a copyright question this would have been better posted at our sister site http://copyrightaction.com - but don't worry about it.]
Photorights admin
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