copyright re photographer/model

'Is it legal', 'can I do this' type questions and discussions.
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last_tango
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copyright re photographer/model

Post by last_tango » Thu Jul 09, 2009 2:32 pm

Hello
I wonder if someone can help me please.

I agreed to have a photo taken of me for an exhibition.
I wasnt offered a model release form.
I wrote to the photographer to request that no photo of me would be put online or published anywhere but had no reply.
The photo is now for sale on the website of the shop where the photo was exhibited.
I have written, numerous times, to the photographer to get the photo removed but so far have had no response. I have now asked the website owner to remove the photo but as yet havent heard back.

The photographer is a friend of a friend which doesnt help, but also doesnt change the facts.

Can anyone tell me what my legal rights are and how to pursue this if the photo remains on line and for sale.

many thanks

Warlock
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Post by Warlock » Fri Jul 31, 2009 8:22 am

Difficult - not really sure there is anything you can do.

As far as copyright goes - you have no case, the copyright owner is automatically the photographer - so you have no claim to copyright on his work.

As far as I am aware a person can only really object to the use of their image if it portrays them in a defamatory way, or is used to defame them.

You did agreed to the photo being taken.
If you were told that the photo would ONLY be used for the exhibition (and not used as it is now being used), maybe you have a chance - but I'm afraid I do not know.

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AndyJ
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Post by AndyJ » Sat Jan 30, 2010 12:48 am

Unfortunately this isn't a copyright issue. As Warlock has said the photographer has full copyright, and with the exception of two things, he is pretty free to use the images how he wishes. The two exceptions are, firstly as Warlock mentioned, that the images are not used in a defamatory way, and secondly that if they had been commissioned by you for private and domestic purposes, you would have the right for them not to be published. From what you have told us, neither of these circumstances apply here. However, there are may be a breach of contract, if you can show that you and the photographer agreed beforehand that the image would be used solely for the exhibition and no other purpose. As this is likely to have been a verbal agreement (assuming there was agreement) it will effectively be your word against his, unless you can produce witnesses or written corroboration to support your version of events. You would need a solicitor to advise you on the best way forward. As that is expensive way to go, I would suggest you continue to try appeal to the photographer's better nature.

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