A female does a photo shoot for 'c' brand of garments, an gets full payment for it ,further she sells all those photos and negatives by signing a contract that now photographer can use them in any way he wants .
Further photographer sells some UNUSED photos to his friend for the advertisement of his garment shop without asking her.
Will it be an illegal act by him if that lady later complains about it?
2007-05-15 00:05:05 · 12 answers · asked by ankur 1 in Politics & Government ➔ Law Enforcement & Police
Now here the real question is not if the photographs sold by the female model to the photographer by signing a contract that how he can use these photographs in any way he wants, but what we have to see even if he had all rights of these photographs & he gave them to his friend for the advertisement of his garment shop without asking her, whether these photographs in any manner had indecent representation of the women in any form or not. If these are infringing this decency criteria then the photographer as well his friend can be held liable under section 3 of the THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 for which if proved guilty can face punishment which may extend upto 2 years imprisonment & fine for first conviction.
2007-05-15 01:17:15 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
You highlighted "unused photographs." Does this mean that these photos were not part of the original contract with the photographer? If they weren't contemplated being used by either party, then you may have recourse. Also, in some states, California for example, the use of a person's likeness with compensation is governed by statute rather than common law and, assuming that the "unused photographs" were not part of the original deal, may be easier to prove.
2007-05-20 08:36:22 · answer #2 · answered by oldsandroad 2 · 0⤊ 0⤋
If your friend developed the photos and gives you a set without a womans permission I'm not sure what crime you would even be committing unless you published the photos somewhere or used them to blackmail the woman somehow. If you give someone your property and they never return it or do something with it that they were not authorized to do, it is not a crime, and the only recourse that you have is to sue them. So the woman gave your friend negatives to develop photos from, and if he develops another set of photos for you, there is no crime. If the woman finds out and doesn't like it, she might be able to bring a lawsuit against you or your friend, and it doesn't sound very ethical, but I see no law being broken here!
2016-05-18 05:51:23 · answer #3 · answered by ? 3 · 0⤊ 0⤋
How can the lady complain later as she has signed a contract that "that now photographer can use them in any way he wants", unless they are used for illegal and unlawful purposes.
2007-05-15 00:19:35 · answer #4 · answered by V.T.Venkataram 7 · 0⤊ 0⤋
you signed a contract that gave the photographer all the rights to the used adn unused photos. you have no legal saying in what he can do with the photos or who he can sell them to.
2007-05-22 03:08:41 · answer #5 · answered by mike g 5 · 0⤊ 0⤋
since there was a contractual agreement that allows the photographer to use the material in any which way he wants then there is no illegality from his part.
The only way that this lady would stand a chance for bringign up a claim would only be if the contract was deemed to be void, but from the above i cannot draw such a coclusion!
2007-05-15 00:19:13 · answer #6 · answered by chrys 2 · 1⤊ 0⤋
If she signed the contract to give him ALL the photos no she couldn't complain because they are owned by him.
2007-05-15 00:08:56 · answer #7 · answered by Notherenow 3 · 0⤊ 0⤋
If those were part of the photos that were sold to the photographer, then the lady has no complaint, she sold all rights to them.
If these were not photos that were sold, she can sue for a percentage of the amount they were sold for.
2007-05-15 02:10:06 · answer #8 · answered by Anonymous · 0⤊ 1⤋
yes, she needs her O.K. too. After all, she is putting her face on the garment. Stop thinking cheap skate! You got to spend money to make money. Din't your mother ever tell you that?
2007-05-22 16:51:44 · answer #9 · answered by cprucka 4 · 0⤊ 0⤋
nope she sold those picture's and signed a contract (unless it said no 3rd party sales)
2007-05-18 16:53:57 · answer #10 · answered by jumps62 3 · 0⤊ 0⤋