Help!? who owns copyright?

[spooks]

Hi all

I'm new to the forum so forgive me for jumping straight in with a request for help!

I would like some advise regarding a photograph I took of someone who was at the time doing volunteer work for my company. The image was taken with the intention of using it on the company team profile page of our website.

This person is no longer working with us but has now started up his own business in the same line as ours, he is now using the image I took of him on his own website as well as other websites advertising him or his company.

The person is not a model and was not paid for the image, it was taken during one of our events at which he was currently working.

As far as I can see I would have ownership, being the photographer and owner of the camera.

I have contacted him and requested that he cease using the image or if he was to continue to credit the picture to me. He has emailed back stating that as he did not sign a model release form that he has every right to use the image and will continue to do so.

It is my understanding that a model release form would only be needed should we wish to use the image - however we do not - we simply want him to stop using it!

The only spanner in the works is (as far as I can tell) that he is saying that I sent him a copy of the image via email, I honestly cannot remember if I did or not, but would have only done so in order for him to give his opinion on it before it was uploaded on the web.

Can anyone help or point me in the right direction?

Thanks for reading!
Sara

[OneTen]

Hi Sara, from what you've said you have copyright and he has no right to publish the image. Even if you emailed him a copy, as the photographer you still retain the copyright.

[Bettina]

As Richard says. As he is now using it commercially, you are also in a position to charge him for the picture use.

[TheFatControlleR]

Question is: is it worth pursuing?

Is this a real commercial concern, with tangible commercial ramifications, or something more personal?

Perhaps a strongly worded letter form your solicitor.

[Bettina]

Thing is, this volunteer is now in a competing position. Can the OP be sure that if she didn't email the picture, it could've been copied from her computer ... alongside buyers/client lists, business plans etc.

[TheFatControlleR]

Thing is, this volunteer is now in a competing position. Can the OP be sure that if she didn't email the picture, it could've been copied from her computer ... alongside buyers/client lists, business plans etc.

That's an entirely separate issue, and if proven to be the case, one of negligence on one part and theft on the other.

[RonM]

As Richard says. As he is now using it commercially, you are also in a position to charge him for the picture use.

Send him an invoice for £5K for use of your copyright image, that might make sit up and take notice

[GlennH]

At the very least - you own copyright and can legitimately request that this photo is not used. Whether you emailed it or not, it has now been stolen.

Like TFC though, I'd question whether or not it's worth pursuing - even more so as you are willing to accept a photo credit as payment.

The only thing that would drive me to persist in the threat is your subject's flagrant ignorance regarding copyright, coupled with apparent arrogance.

[AndyTake2]

First off, tell him to forward the email that you 'sent' to you.
If you did indeed email him, there will be a track of when and where it went in the header details.

Secondly, Model Release forms save headaches, but are not strictly required anyway. As he was working for you (the volunteer part makes no difference) you can argue that he was on your time, and therefore expected to be available for this sort of shot (as long as there were no objections at the time).

As he had already approved the shot (presumably) then he doesn't have a leg to stand on.

However, if the image is worthwhile, you should demand a printed credit on or around the picture wherever it is, and offer a non-exclusive licence provided the image is used appropriately with the credits.
By doing so, you have shown that not only do you have the legal high ground, you also have the moral high ground.

Just to throw a spanner in his works, you can contact his Web Host and inform them that you have not given your permission for the image to be used, and that you will take action against them for violation of copyright

[spooks]

Hi all

Many thanks for all your responses to my dilemma.

The resolve I would like is for him to stop using the image; I'm not looking to gain payment.

After I posted on here I did quite a bit of research with The British Institute of Professional Photography who again confirmed the copyright is mine as I thought.

I just wanted to be 100% on facts before I took the matter further.

I was also advised that I could contact any of the websites hosts displaying the image explaining the breech of copyright (as one of you have rightly stated too) this will be my next step if need be.

Thanks again everyone!
Sara

[Paul_R]

Hi all

Many thanks for all your responses to my dilemma.

The resolve I would like is for him to stop using the image; I'm not looking to gain payment.

After I posted on here I did quite a bit of research with The British Institute of Professional Photography who again confirmed the copyright is mine as I thought.

I just wanted to be 100% on facts before I took the matter further.

I was also advised that I could contact any of the websites hosts displaying the image explaining the breech of copyright (as one of you have rightly stated too) this will be my next step if need be.

Thanks again everyone!
Sara

Can you let us know how things develop?

P.S. Just re-read my email and no pun intended

[LargeFormat]

Hi Sara, from what you've said you have copyright and he has no right to publish the image. Even if you emailed him a copy, as the photographer you still retain the copyright.

And you retain the copyright until 70 years after you have died.

[Fen]

Wouldn't it of been easier to put your comments here rather than sending people off to your website?

As a practical illustration of this, I was once commissioned by a housing association to photograph an energy efficient heating system which had been installed in one of their developments. The housing association was later approached by the manufacturers of the heating system to see if they could use some of the images for their own brochure. As this constituted third party use, I advised them that the heating manufacturer would have to pay me an additional fee if they wanted to use the images.

Not true for all cases. It depends on the contract you had with the housing association.

If your contract stated that you retained the copyright and you only gave them permission for certain uses, then this would be correct.

However, if you were on a contract which just required you to take photographs for them and they retained the copyright then they could do whatever they wanted with the photographs. You would have to ask them to use them in your portfolio or elsewhere.

It's not always the case that the photographer 'owns' the photographs.

[Fen]

And you retain the copyright until 70 years after you have died.

Unless that copyright is transferred or owned by a company. Then it doesn't matter if you are dead or alive.

For example, the photographs taken by Cecil Beaton belong to the Estate of Cecil Beaton and in January 2050 the Estate will still own the copyright of the photographs.

[Stevet]

Hi Fen,

has phiggyology been at work here?

[Fen]

has phiggyology been at work here?

Yeah, multi posting sporadic poster !

[LargeFormat]

Unless that copyright is transferred or owned by a company. Then it doesn't matter if you are dead or alive.

For example, the photographs taken by Cecil Beaton belong to the Estate of Cecil Beaton and in January 2050 the Estate will still own the copyright of the photographs.

Can you direct me to the part of the copyright act that says this?

[Fen]

Can you direct me to the part of the copyright act that says this?

Not off hand no.

[LargeFormat]

Originally posted by LargeFormat
Can you direct me to the part of the copyright act that says this?

Not off hand no.

Can anybody help please. This is a novel idea as far as I'm concerned. I'm only familiar with the estate of Sir Arthur Conan Doyle which is a limited company and seems to be on all fours with that of Sir Cecil Beaton. Although it still protects certain graphics as registered designs copyright in the books expired on the 31st December 2000, that is to say the end of the calender year 70 years after the death of the author which is the usual provision in the EU.

[Fen]

Have a read of this - http://www.infogov.salford.ac.uk/copyright/intro.php

Not the link I was looking for though, will try and dig it out later