Rights...

dragondan84

dragondan84

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674
Name
danial
Edit My Images
Yes
right guys, a person (who i will not name) used a proof that i sent him that he requested on his facebook profile, upon asking him to remove he did so, but also kept the same proof in another section of his pictures, and now he is making a big thing out of it on another forum (BRF) what i want to know is, what rights i have as a sports photographer in regards to this comment...

"so do you have my written permission

Copyright and Licensing Law

Even though you own copyright in images that you create, this does not necessarily give you the right to use those images for whatever you want. Generally speaking, it’s always safest to get the written permission of anyone you photograph before you sell an image for publication or use it in a public way, for example on the internet. If you’re selling an image on spec to a publication or putting a photo of a person into a photo library, you should make it quite clear that you do not have explicit permission from the person you’ve photographed (unless of course you do) – it’s then the prospective client’s responsibility if they publish it. Ideally, you should try to get a signed release just to be safe."
 
Normally, if you take a picture of someone in a public place, then you own the rights to it, and they do not. But while they own nothing, and cannot do anything at all with an image without your premission (and this next bit is the part that paragraph refers to) that doesn't mean that you can do anything you like with it. Most things you can, but not anything.

Commercial stuff needs a bit of thought, and any form is misrepresentation can get you into hot water.

TBH, your question is a bit unclear...
 
I'm not sure where that person found the text on copyright and licensing law but I think it is somewhat inappropriately named. It should be titled 'Copyright and Licensing Best Practise' because it doesn't describe any laws with reasonable accuracy.
 
its to do with a photograph taken on a rally, he asked for proofs, i sent him proofs, next thing he has got them on his facebook page, asked him to remove them and hes made a big hash of things over it.
 
dragondan84 said:
its to do with a photograph taken on a rally, he asked for proofs, i sent him proofs, next thing he has got them on his facebook page, asked him to remove them and hes made a big hash of things over it.
Click to expand...

The complicating factor could be the location, was the rally on private property or public roads? The answer doesn't affect the overall copyright (that's yours unless you assign it otherwise) but it does affect the use of the image (you could own the copyright but not be permitted to use the image for commercial purposes).

However, this is academic as far as the guy using it on Facebook is concerned. Did you watermark the images at all? It doesn't prevent this kind of thing, but it does at least make sure that your name is associated with the image.
 
The point is, while you may or may not be able to do what you want with the images without certain permissions (not including his BTW) he certainly can't do anything without your permission.

And TBH, even if there is a sign or something at a venue which claims to restrict the use of cameras, I wouldn't worry about it. It has zero legal status. What it may mean is that you'll get stopped from taking pictures, or not be allowed a photographer's pass or something in the future, but once you've got the images - unless you have signed something specific - they're yours.
 
dragondan84 said:
he asked for proofs, i sent him proofs
Click to expand...
Well, there's the problem in a nutshell.

You have no clear agreement with him regarding what he may or may not do with the pictures.

He seems to believe that, since you gave them to him, they're his to do what he likes with. That may not be legally correct, but why should you expect him to understand copyright law? And if you didn't bother to explain it to him, why are you surprised what's happened?
 
StewartR said:
Yes, but if he believes that permission is implied, then it's hard to find a solution wthout it getting messy.
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Sure, which is where so many copyright disputes arise. There is no formal agreement, between two parties when often neither of them understands the true legal situation, and the moral position runs contrary to the legal one.

The internet has just shot copyright laws to bits :shrug:
 
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