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General photography questions and answers: Discuss Who "owns" photo... and who has rights over usage......Another ownership of image question......... Photograph taken in a private home of a family nature. The photograph has been published ...
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Old 13-01-2010, 08:19   #1 (permalink)
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Who "owns" photo... and who has rights over usage...

Another ownership of image question.........

Photograph taken in a private home of a family nature.
The photograph has been published on a message board.
The contents of the photograph do not depict anything nasty, but the subject in the photograph has requested that it be removed, as they dont want it published in such a public way.

This is a question about "Private" places.... in a public place, as long as there wasnt any "No Photography" signs ignored, it would be a different matter...
The "taker" of the photo has stated that as they took the photograph, they have "the right" to do with it as they wish, and it should not be removed...
They have not said if they asked for permission to take or use the photo, but the subject has stated that the photo was never intended to be used for anything but family use, otherwise, they would not have agreed to let themselves be photographed.

So far, the photo has been removed, but, of course, its causing a lot of a discussion about "Rights"....

From my point of view, I wouldnt like any photograph of myself taken in a private place, such as someones home, "Published" in this way, without my permission.

I have volunteered to ask on this board, where I know someone will know the answer...
Who is in the right here?...
The Subject photographed, or the Photographer?...

(So far, "Board Rules" of the message board, have stated that any image published that causes discomfort for any member may be requested to be removed... I am not either subject or photographer, but the question of "rights" to the image is of great interest to me...)
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Old 13-01-2010, 08:46   #2 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

Photographer owns the image end of story. Unless they sold or gave up the rights to it that is.

If there are people in the image then the tog should have sought a model release. Or at the very least asked if they could post it before doing so.

Two relevant paragraphs from: -
http://photographernotaterrorist.org...ds/s44bust.pdf

"Private property owners may impose restrictions on
photography, this only applies to photographs taken
from somewhere on their property. Restrictions may
not always be obvious but will still apply. They cannot
be imposed after the photography has occurred."


"There is no right to privacy in a public place, however,
there are circumstances in which a person has a
reasonable expectation of privacy, particularly if they
are inside their own home. Childrens privacy rights
are particularly protected. You therefore need to be
aware that publication without consent may leave you
open to legal action."


As I doubt any contract was drawn up, I reckon the 'tog should just have the good grace to accede to the models wishes, learn from the experience and move on.
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Old 13-01-2010, 09:07   #3 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

It can be a worrying matter at times there are all sorts of answers and I dont know, last year I met an old school friend who knew that I had used an old class photo which was taken over 51years ago it was used on a webb site which I belong too, he too said that he wanted it removed but I refused nothing became of it but I often wonder if I did the right thing and left it on the site, there is nothing naughty or intimitating about the picture its just a piece of history......
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Old 14-01-2010, 22:11   #4 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

This is the sort of deal that gets lawyers licking their lips.

From my own Newspaper Society training, back in the dim and distant past, it's all about "the controlling intelligence", i.e. who decided that the picture should be taken. That's who gets to say how it can be used but subject to all the other rules about privacy, etc, etc. Bottom line, don't argue with someone who's daft enough to employ a lawyer, unless you also suffer from the delusion that anyone other than the lawyers will get anything out of it.
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Old 15-01-2010, 06:54   #5 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

Thanks very much people... I gather its down to the home owner's wishes then.

One worrying bit...
Quote:
i.e. who decided that the picture should be taken.
What happens if its the photographer, but against the "subjects" wishes?....

The people concerned are by no means professional, the picture(s) taken are almost camera-phone quality, as in, if they could be if the snapper tried harder, and neither of them have a clue about any of this, which is why I am asking here, as I am not absolutely certain about the legal side of things...
I just wanted advice to "Settle an argument" kind of thing.
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Old 17-01-2010, 08:56   #6 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

Update....
The photographer and Subject were related, photos taken in Photographers own home, Subject objected to them being posted on "certain" boards.... storm in a teacup, very public fall out between the two, both thread and posters removed from that board temporarily until they can sort out the argument between themselves...

Thanks for the help anyway, I was trying to stay impartial, but their argument could not be sorted by anyone but themselves.
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Old 19-01-2010, 11:52   #7 (permalink)
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Re: Who "owns" photo... and who has rights over usage...

Legalities aside, one has to ask how big a deal is it that the photo stays published? Is it worth a family bust-up? There are photos I'd probably fight to the death over if I felt they needed to be seen, but probably not at the expense of family relationships.
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