2006-11-18 10:04:08 · 11 answers · asked by Hoof Arted 1 in Arts & Humanities ➔ Books & Authors
If you took the photo, then the copyright is yours and the author should have asked you for permission and negotiated a licensing fee. The only exception would be if you took the photo a long time ago (like before the 1970s) and never published it anywhere, in which case it might not be protected by current copyright law. (The old copyright law was very confusing with regard to images that were created but not published.) But I doubt that's the case.
If you mean that the author took a photo OF you and published it without your premission, that's also iffy. Most photographers will get models to sign release forms. If you're in the background of a photo taken in a public place or as part of a news event (like a football game) that's a different story. You won't have much recourse there.
Also, one other thing. Your rights are not guaranteed if it's "your photo" in the sense that you own it and it's hanging on your wall, but you were not the one who actually took the photo. In that case the copyright would reside with the original photographer. If the photographer has been dead for more than 70 years, though, the photo's in the public domain and anyone can reprint it.
2006-11-18 10:28:42 · answer #1 · answered by Frosty Lemmon 3 · 1⤊ 0⤋
No. If this is your own photo (i.e. the author didn't take the picture) the copyright of this photograph belongs to you. You are within your rights to invoice the author for its use. If he/she refuses you can threaten further action, which hopefully you wouldn't need to follow up. Authors would usually be aware of copyright laws!
In the late '90s I wrote full time for a publisher of nostalgia books; obviously we used hundreds of photographs - paying for the privilege, of course.
2006-11-19 02:11:33 · answer #2 · answered by Songbird 3 · 0⤊ 0⤋
Not legally, you own copyright not them. You should have been approached, given your permission in writing, been credited and paid.
Write to the publisher. The royalties may not be enough to pay for a solicitor so as a last resort try the small claims court.
2006-11-18 10:16:21 · answer #3 · answered by sarah c 7 · 0⤊ 0⤋
No any photo that is published has to have permission and a waiver signed. I don't know how that paparazzi get away with photos of the stars I would think it is because they (stars) have opened their life up to that.
2006-11-18 10:44:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are a photojournalist, the copyright holder is usually your magazine or news agency's publishing company.
If you have been dead for 75 years, and your photographs are not copyrighted by any corporate or estate entity, they become public domain.
Under various 'Fair Use' laws, photographs can be used for nonprofit purposes, for public information, and even for entertainment. This gets very thorny if the photograph has been posted anywhere on the Internet.
2006-11-18 16:04:57 · answer #5 · answered by protectrikz 3 · 0⤊ 0⤋
You should do a search for attorneys, and find one familiar with copyright laws, and the unauthorized use of someones image. In this case your husband. It is oftentimes hard to track everyone down in order to get signatures, but it is a for profit book, and the use of his image for the cover may be compensated, and I feel should be compensated or acknowledged. The cover of many books is what draws peoples' attention so I feel as though your husband is entitled too some of the proceeds, but check with an attorney first too see if you have a case. That, of course, presuming you wish too seek compensation for the unauthorized use of your husband's picture for the cover of her book. The book is out, and past money is more than likely due. This one may pay off if that is what you seek. She may be forced to change the cover picture if she wishes to continue too have the book in circulation, or acknowledge, and or pay a portion of the proceeds from the book too your husband and you past, present and future. Be prepared it may be a tedious, long term bout of legalese.
2016-03-29 00:53:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
YES THEY CAN. Assuming you mean a photo of you.
The person who takes the photograph owns the photo and the copyright. They can sell it to anyone they want and have it published.
If however you mean a photograph you have taken not if you still own copyright.
2006-11-18 22:04:02 · answer #7 · answered by sashs.geo 7 · 0⤊ 0⤋
I should think the answer to that is NO, if this has already happened, then I would get in touch with a solicitor, and demand that you get part of the royalties. (so long as it's not me, I have just had a book published ).
2006-11-18 10:13:17 · answer #8 · answered by angelswings 3 · 0⤊ 0⤋
No. If your in a photo u have to be asked permision and sign a waiver or theyll have to block u out of the photo
2006-11-18 10:12:40 · answer #9 · answered by ksellers85 2 · 0⤊ 0⤋
Generally no. If you're the one who took the picture and you own the copyright, they have to get your permission.
2006-11-18 10:09:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋