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Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
Hey guys,

A friend of mine has an issue, and I was wondering if anyone with photography copyright background may be able to provide some input.  I'll try keep it as brief as possible.

A friend of mine is a fitness model.  at a recent competition she had her photo taken (On her own phone) by a friend, of her and a personal trainer.

She after the fact sent him a copy of said photos, just to share them, but with no express permission to replicate them etc.

He is now using them to promote his business, and she has asked him not to use her image, or the photo's she provided him to promote his business.  (She also copied in the Gym he works at in the email)

He has come back basically telling her to get stuffed, inclusive of personal insults about her mental maturity etc etc. (Pot, meet kettle... I saw her message, it was polite and succinct, not immature at all).

what recourse does she have here?  She already asked politely? does she need to go to a solicitor to have a letter issued? can she simply issue an invoice for a reasonable amount for use of her likeness, in a hope that he would stop using them?  who owns the copyright? her? or the friend who took the photo on my friends (the fitness model) phone?

any input would be great, as it's causing her a great deal of stress and she'd rather her image not be associated with this particular personal trainer.

Cheers

Looney



Offline dkabab

I don't know where she stands legally, but usually copywrite falls to the person who takes the photo. Not the ower of the camera
But since it was effectively a friend or stranger using her phone instead of a selfy pole, I'd say it's her photo.



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle









Offline tdc911


  • Joined: Apr 2006

  • Location:
  • Drives:
The USA recognises the "Right of Publicity", not too sure on Australia's current standing.






Offline 98octane

Here's a "short" guide on copyright (25 pages!)

http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/Copyright-information.aspx

Who is a copyright owner?

Works

Usually the creator of a literary, dramatic, musical or artistic work is the first owner of the copyright in it, but there are several exceptions. One important exception is that copyrights in works made during the course of employment are owned by the employer and not the employee. All copyright ownership rules (except those that relate to moral rights) may be varied by agreement.

Certain commissioned works

In the case of certain artistic works, including engravings and painted or drawn portraits that are made under commission, the person commissioning the work is the first copyright owner, subject to any agreement to the contrary. However, if the person commissioning the work informs the artist of the purpose for which the work is required then the artist can legally restrain the use of the work for any other purpose.

In the case of commissioned photographs, the photographer is the copyright owner, subject to any agreement to the contrary. Where the commissioned photographs are of a private or domestic nature, the commissioning party owns the copyright, subject to any agreement to the contrary.



Offline dodger

  • Tommy Gunna

  • Joined: Dec 2009

  • Location: Melbourne
Where the commissioned photographs are of a private or domestic nature, the commissioning party owns the copyright, subject to any agreement to the contrary.

So she has the rights over the photos.



Offline j15


  • Joined: Oct 2006

  • Location: Sydney
Setting aside whether the conduct is lawful or not, if the guy is being unreasonable in the way he responds to a polite and reasonable request, then he is unlikely to listen to anything she says.

Some people are recalcitrant dickheads who don't yield to reason and obvious sensibilities. They will only pull their head in when you set the lawyers/coppers/bikie gang loose.



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