my friend used to be in a band, and during that time took lots of photos of the band members and played about with them on her computer to make them look professional/funky.
she emailed/printed a few of the photos to the singer of the band to show her what she had done.
the band split up, not on the best terms. now the singer has these photos on her myspace site, where she is advertising herself for work.
my friend wants to know whether she has any right to demand that the photos are not used because they are her work, and the singer is using them for business purposes without getting her permission?
she has the originals on her computer so can prove that she created them.
thanks
2007-06-01 01:48:03 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Photographs are protected by copyright, just like books, films, music etc. The photographer has copyright and the photographs should not be used without their permission.
Link below is to the Intellectual Property Office pages on copyright. Lots of info on how copyright works and how copyright owners can enforce their rights.
2007-06-01 02:04:03 · answer #1 · answered by booklady 4 · 1⤊ 0⤋
According to copyright laws, anyone using the photographs (especially for commercial reasons) must have the photographers permission to do so. Also, your friend can not use pictures she took of other people for any commercial purpose without the subjects permission.
Unfortunately, the enforcement of copyright issues usually requires a lawyer and could end up costing a lot of money in the long run.
2007-06-01 02:01:05 · answer #2 · answered by princess_dnb 6 · 0⤊ 0⤋
The photographer owns them and neither the singer or anyone else in a picture has no claim to them, unless there was a written agreement to sell them and a payment.
She should write and ask that they not be used without permission and that permission will not be granted.
Failing removal of the pictures start spamming the truth about the pix on the singer's unauthorized use of them on myspace in comments. Write Tom first so there isn't a problem from him.
2007-06-01 02:00:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It works both ways really. As mush as everyone pointed out that yes, the photographs are the intellectual property of the photographer, the photographer would still be technically breaking the law if she tried to use them how she wished without getting a model release form. (or a property release form in the case of architectural photography) These forms are basically to waive any rights the person who appeared in the photo had to demand how they were used.
So, unless your photographer friend has the forms then she can't do what she likes with them either.
Might as well put this episode behind them and learn from it.
http://www.betterphoto.com/article.asp?id=37
this link has a better explaination of where release forms are applicable.
2007-06-01 05:08:13 · answer #4 · answered by q 4 · 0⤊ 0⤋
Lawfully any photographs are the copyright of the originator unless there is a separate agreement on this point. Just think about the wedding photographer, he own the copyright and then he can charge what he likes for the prints.
If your friend is bothered about this then she should write to the person displaying them and point out the law of copyright and insist that she discontinues to use the pictures. Failing to do so will render her liable to pay for the use of the pictures. Once more if it is worth it a solicitor will send a demand for payment.
2007-06-01 02:37:39 · answer #5 · answered by ANF 7 · 0⤊ 0⤋
She does have rights- the photos are her property.
Unfortunately, without copyright she would have a really hard time asserting those rights; if she cares that much she could go to court- but it's not going to be easy, or cheap.
Of course, if she simply insists that this person remove the photos,that may work.
But why not simply ask for a credit on the myspace site? That way everyone's happy, no?
2007-06-01 01:56:50 · answer #6 · answered by nealo d 5 · 2⤊ 0⤋
She earned the right to the work if she's photograph them herself. However I wouldn't bother pursuing this in court wasting their time- but yes she does own them, but why doesn't she just ask the person to remove them from the web site, or else she could threaten legal action that will probably do the trick.
Cheaper too
2007-06-01 03:16:41 · answer #7 · answered by confused 4 · 1⤊ 0⤋
Keep sending email, keep protesting. This will create documentation and evidence that she protested the use of her intellecctual property without permission.
In her email, she must indicate the specific photograph, that no permission was given for itspublication, and her name as the owner of the photographic creation.
2007-06-01 02:08:50 · answer #8 · answered by QuiteNewHere 7 · 1⤊ 0⤋
If the photographers are of her, then she owns them as much as the person who took them, unless she has waived her rights.
2007-06-01 01:52:41 · answer #9 · answered by Anonymous · 0⤊ 3⤋
A penthil ewather might work, wubbewt.
2007-06-01 01:58:29 · answer #10 · answered by Raging Tranny 7 · 0⤊ 3⤋