***Copyright**

[Crazyhorse]

I know this is covered on a weekly basis but I need some help pronto.

A friend of mine put a photo on a website. She bought the photo from the photographer to use for her own purposes. It transpires that someone (we have the name and address) has lifted the photo and is using it in an ad on ebay - to sell products with the photo on the product.

I think she wants the photo removed more than anything but if anyone can give advice, it would be greatly appreciated.

Many thanks.

Lisa

 

[Uneducated_Rick]

On eBay report the listing as using someone else's photo - that usually gets it pulled

Also contact the person and ask them not to use the photo without permission or next time you will charge or take a comission from any sales

 

[ROFL2K9]

A friend of mine put a photo on a website. She bought the photo from the photographer to use for her own purposes.

Did she buy the exclusive rights to the photo from the photographer?

 

[Crazyhorse]

Did she buy the exclusive rights to the photo from the photographer?

Thanks for the replies, she said the copyright is held by the photographer but she bought the photo, so that's not very clear. I don't know the answer to that. I'll have to let you know.

The problem is the photo is of her dog (she's a very highly respected breeder and successful exhibitor) and the photo is of one of her dogs and it is being used in an unsavoury manner.

Lisa

 

[ROFL2K9]

Thanks for the replies, she said the copyright is held by the photographer but she bought the photo, so that's not very clear. I don't know the answer to that. I'll have to let you know.

The problem is the photo is of her dog (she's a very highly respected breeder and successful exhibitor) and the photo is of one of her dogs and it is being used in an unsavoury manner.

Lisa

The problem is that the photographer is the 'author' and therefore the first owner of the image, assuming that he was solely responsible for taking the photograph i.e. he decided the angles, settings and pressed the shutter release. It is possible that she bought the right to use the image as agreed with the photographer, but unless she bought the exclusive rights to the image it's possible that someone else could also pay him to use it too.
In all probability it's been lifted from her website but it's deffo worth checking with the photographer to make sure

 

[Crazyhorse]

Thanks, I'll run that by her. I think it has quite clearly been taken from a website, I would lay money on the fact the ebay person has never made contact with the photographer but I will check. Thanks for the advice.

Lisa

 

[HoppyUK]

I have the same concern as ROFL and if I was guessing I would say that your friend possibly doesn't own the copyright, nor does she have exclusive rights - just a license to use the pic herself.

You need to check that with the photographer. It is possible that they have sold the image and it is being used legitimately (sounds unlikely) but if the photographer retains copyright then it is for them to chase up the breach (sounds likely). Indeed, if your friend doesn't own the copyright, technically it is none of their business but I would guess that the photographer wouldn't mind them doing all the chasing!

Having said that, the rights and wrongs are one thing, getting anything done about it is quite another. Good luck

 

[Crazyhorse]

Hi

Thanks again for the replies. The matter is now sorted.

Regards
Lisa

 

[HoppyUK]

Hi

Thanks again for the replies. The matter is now sorted.

Regards
Lisa

Don't leave us in suspense That's cruel What happened, and how was it resolved?

 

[Crazyhorse]

Don't leave us in suspense That's cruel What happened, and how was it resolved?

Hi - when I said it is sorted, it's not actually, I was having a bit of a mardy. :shake:

Everyman and his dog has jumped on the band waggon to 'help' so I've sat back and watched them chase their tails.

It sounds like the photographer has exclusive copyright, I advised the person concerned she needed to get in touch with the photographer to double check if he'd sold the copyright to the person selling the items on Ebay. And if he hasn't, then she shouuld advise him someone has removed his copyright logo and is using the photo to sell items. Doesn't look like that's been done. I also advised that if the photographer did not sell the copyright, then its really up to him to take things forward.

I do understand that the person in question (dog breeder/exhibitor) is upset because the photo of one of her dogs is being used on the items and I'd be annoyed myself. But I presented the opinions of people in the know on here and I've left it with her.

So thanks for your time everyone. p.s. I'm not in a bad mood anymore about it, you can only offer advice and if they don't want to act on that, it's their choice.


Lisa