A few years ago, a friend of mine gave permission for a photo of his wedding to the local paper as he had ordered the photos. Recently however, his wife has passed away and the news paper want to republish the photo.
Are they allowed to do this?
Do they have to ask the permission of my friend or the person who took the photo?
Are there copyright issues involved?
2007-03-06 01:34:22 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
There are copyright issues involved as copyright exists in a photograph as soon as it is created. A photographer would normally own the copyright in his/her photographs as they are the creator. However, if that photographer is commissioned (and paid) by someone else to take photographs, then then person who commissioned them will own the photographs.
So, if you're friend commissioned the photographer to take wedding photos, then your friend will own them and the copyright in them, and competely controls how they can be exploited. However, you should also check what your friend agreed with the photographer at the time as to how the photo's may be exploited, as the photographer will have reserved some rights in the photos (for example, so they can use them in exhibitions or as examples of their work).
Whether the paper can re-publish the photo without asking your friends permission again depends on what terms they said they could use the photos the first time round -if your friend said they could use them on just once, then they will have to ask permission to use them again -though if they said they could use the photo whenever they liked in their paper (unlikely), then they can publish it again without asking permission.
So, depending on what terms your friend said that the paper could use the photo, the chances are they should be asking thier permission to use it again.
2007-03-06 02:29:09 · answer #1 · answered by Benjamin J 3 · 3⤊ 0⤋
There can only be copyright issues if the photograph was copyrighted. Chances are they were not. As he gave permission for the publication years ago it is highly doubtful that he has any grounds for legal action. On the other hand if he approaches the paper and explains that his wife recently passed away and this would be very hurtful to the family they might use another photo. If they still insist on using it he might say that he would go to the local news channel and ask them to intercede. Seems like that would only make matters worse emotion-wise so if they still want to go ahead with a reprint the best thing is just not get or read that paper.
2007-03-06 09:48:20 · answer #2 · answered by Sarah D 2 · 0⤊ 2⤋
Copyright exists in the photo. If someone was paid to take the picture, he needs to check that company's policy in case they say they retain the copyright (especially if they keep the negatives). Normally though he would own the copyright and the negatives as he paid to have the picture taken. He also needs to be sure whether he gave the newspaper permission to print the picture once, or gave them authority to publish it as many times as they wanted, and also to check the newspaper's policies in case they say that if you give them a picture, they will be given the copyright, or the right to publish as many times as they wish. Having said all that, if he explains that he doesn't want the picture published again because of his sad loss, then the paper would probably want to respect his wishes and, if you excuse the pun, avoid bad press themselves. Check all the fine print everywhere first.
2007-03-06 20:30:32 · answer #3 · answered by ragill_s1849 3 · 1⤊ 0⤋
yes, no, maybe. The newspaper is probably asking as a policy issue rather than copyright. A photo used in a news context generally does not need "model" release or copyright clearance. this would not apply to photos obtained illegally. If the newspaper kept the previous published photo, then it probably expected to use it again.
2007-03-07 13:37:25 · answer #4 · answered by lare 7 · 0⤊ 0⤋
I would have thought that the paper must have copyright if they printed the picture previously. he previous answer is correct about ethics though - they should ask permission simply for the sake of decency rather than anything else.
2007-03-06 09:49:43 · answer #5 · answered by Sad Sam 2 · 0⤊ 2⤋
Seems more of an ethical issue than a copyright one.
2007-03-06 09:38:31 · answer #6 · answered by Del Piero 10 7 · 0⤊ 1⤋
She's Dead......She wont mind.....Hope this Helps....
2007-03-06 09:37:16 · answer #7 · answered by STEVE T 4 · 1⤊ 2⤋