Board index Photography Technical Questions Copyright Question

Technical Questions

Copyright Question

Discuss technical aspects of photography
danserphoto
 
Posts: 24

Copyright Question

Post Sun Dec 20, 2009 2:23 am


Several years ago I took photographs of an acquaintance for a photo project in a class I was taking. These photos were taken by me digitally and with slide film. The only subject in any of the photographs was said acquaintance. At the time, I gave the photos to the acquaintance because she asked, which I was fine with.(I know I gave her digital copies and might have given some prints, cannot recall) I have since learned recently that she is using them on social networking sites and for modeling portfolios. Do I have any legal ground to get her to stop using those photos publicly or to pay me compensation?

Thank you so much for your help. I wasn't sure if the laws were different if the subject in the photos was using the photos.

dougj
 
Posts: 2276

Re: Copyright Question

Post Sun Dec 20, 2009 5:12 am


In the US, the photographer owns the copyright, unless you are an employee doing it as part of your job, or have an agreement assigning the copyright to someone else. What was the understanding between you and your acquaintance? If there was not an agreement or understanding, she may believe she owns the photo and can do as she wishes with it. You could inform her that you own the copyright and therefore decide how the photo will be used by her - you can ask her to stop using the photo, give you some compensation as part of a usage agreement or give you credit for the shot.

It's probably not worth pursuing legally, your decision - you can consider writing it off as a learning experience that you need a written agreement in the future to minimize issues like this. Also, in the US, you should register your photos with the US copyright office or you'll be limited in terms of financial awards should you decide to pursue an infringement legally.

This attorney has a lot of information on photography copyrights & rights in her blog and elsewhere.
http://www.photoattorney.com/?p=515
http://www.naturescapes.net/docs/index.php/articles/341

Just my 2 cents....

dirtyol
 
Posts: 147

Re: Copyright Question

Post Sun Dec 20, 2009 6:02 am


An acquaintance is someone you know well enough to borrow from but not well enough to lend to.

Be more careful next time.

arshutterbug
 
Posts: 61

Re: Copyright Question

Post Mon Dec 21, 2009 8:14 pm


This seems to fit the common excuse of "I was in the photo, so I own it now." This sort of thing happens quite often, and as the photography market continues to devalue the work by trying to make everybody a photographer who works for free and makes cheap prints at the nearest bulk-order store, the thefts are going be on the increase. I can only suggest that you consult a lawyer.

cwest
 
Posts: 83

Re: Copyright Question

Post Wed Dec 23, 2009 11:50 am


Copyright and intellectual property rights law differs widely from jurisdiction to jurisdiction, so the only way to establish the legal character of your dillemma is through a lawyer(s) and the courts.

However, as a photographer (with an international law background) reading the paragraph in which you explain your issue, I have to say it looks very much like this person was a friend who posed for you (as a favour) while you were doing atutorial (not commercial) assignment, and that you gave this person the photographs because (at the time) they were of little (or no?) value to you. Effectively, it sounds like a no-strings-attached gift. It also sounds as good as if you had, for want of contrary evidence, "discarded" the photographs. I think you will have a big job trying to convince anybody, especially the courts, that you possess (and always intended to continue to possess) the intellectual property rights to those photographs. Of course, you would also need to think about how exactly you would proceed to prove that you took the photographs in the first place...

Frankly, my advice to you would be the same as dirtyol's - be more careful next time. I use a model release for everybody I shoot in the studio - unless I am willing (usually on the basis of personal friendship) to permanently relinquish the right to assert intellectual property rights. I would hesitate you use the word "theft" in this context (as suggested by arshutterbug). Based purely on your own description of the original events, I would think that a reasonable person would in fact assume that a gift had taken pace between friends - in the absence of any information about any form of agreement. This was obviously not a professional model, and neither was it a contracted photoshoot between two professionals. You would also need to think about the rights of the subject - in terms of usage, what limitations might he/she have assumed existed in relation to your use (perhaps commercially) of those photographs? You see, it's potentially hugely complicated. And we haven't even stopped to consider that social networking sites and a personal model portfolio may well be considered to be "personal" rather than "commercial" use on the part of the model - or what that means in your legal jurisdiction.

A lawyer will also ask you this simple question: on what grounds do you believe you are entitled to compensation (money) and how much compensation do you believe you are entitled to (i.e. what actual pecuniary damage have you suffered?).
Chris


Board index Photography Technical Questions Copyright Question

Who is online

Users browsing this forum: No registered users and 2 guests