Photograph Copyright Question

Hi Susan - when I first started I was a bit underhand and used a few photographs of projects I had managed under my previous employment. I justified it back then because I was running the jobs I posted up and built alot of the different elements - but of course I knew it was sneaky. I felt it helped though in disguising the fact I was a new start which enabled me to go for decent sized projects from the get-go.

I think a copyright is possible for this and you can certainly lodge a legal complaint against the former employee even without this but these options might be costly. Might it not be possible to allow this person to use the images but only on the premise that they indicate the work was carried out under previous employment, who the designer was and who was the main contractor. This will certainly be more amicable and can even be drafted into a written document that should allow you to claim against them should they neglect to offer this information.

I suppose this would only work in an online portfolio format as opposed to a physical photo album. Perhaps this could be agreed upon also?

A few years ago I engaged a copyright lawyer for advice, at some expense.

A certain person, who I am sure that many of you are aware of, used my show garden on her site inferring that it was a garden that she designed and built. Not only that, she was selling 'plans' online for the layout and planting.

I was advised to write a letter (told what phrases to include) in the first instance, to demand that either.

1. the image was credited to me and my company as the designer and landscaper with my relevant and up to date contact details.

or

2. Remove the image from the site.

If this didn't result in a positive outcome then I would have taken it further, but as it happened I received a pretty shirty reply by letter and the image was removed from the site.

Her argument was that she had taken the photo at the show so it was her copyright. In fact I understand this is right because she took the image on her camera, so the image belonged to her. But by marketing the image as a design and build by her/her company she was, allegedly, breeching copyright.

This is what happened to me and might not be relevant to your situation. Personally I would take professional advice and take ALL paperwork relating to the project with you.

By the way, there is no copyright on the human face. Not relevant but true!

Replies

Nicky @ GardenImprovements.com January 24, 2009 at 4:39pm

Hi Susan - when I first started I was a bit underhand and used a few photographs of projects I had managed under my previous employment. I justified it back then because I was running the jobs I posted up and built alot of the different elements - but of course I knew it was sneaky. I felt it helped though in disguising the fact I was a new start which enabled me to go for decent sized projects from the get-go.

I think a copyright is possible for this and you can certainly lodge a legal complaint against the former employee even without this but these options might be costly. Might it not be possible to allow this person to use the images but only on the premise that they indicate the work was carried out under previous employment, who the designer was and who was the main contractor. This will certainly be more amicable and can even be drafted into a written document that should allow you to claim against them should they neglect to offer this information.

I suppose this would only work in an online portfolio format as opposed to a physical photo album. Perhaps this could be agreed upon also?
Mike Stapleton January 24, 2009 at 5:00pm

its tricky area this, are they your photos taken by you or are they photos taken by others? of your work, are they saying this is work i have done for and on behalf, maybe you could say to them you can use these photos if you acredit the design to me ? If they have just copied them off your website that is theft i think, not being a lawyer i dont know the legal answer
Kerrie John-The garden design Co January 24, 2009 at 6:06pm

A few years ago I engaged a copyright lawyer for advice, at some expense.

A certain person, who I am sure that many of you are aware of, used my show garden on her site inferring that it was a garden that she designed and built. Not only that, she was selling 'plans' online for the layout and planting.

I was advised to write a letter (told what phrases to include) in the first instance, to demand that either.

1. the image was credited to me and my company as the designer and landscaper with my relevant and up to date contact details.

or

2. Remove the image from the site.

If this didn't result in a positive outcome then I would have taken it further, but as it happened I received a pretty shirty reply by letter and the image was removed from the site.

Her argument was that she had taken the photo at the show so it was her copyright. In fact I understand this is right because she took the image on her camera, so the image belonged to her. But by marketing the image as a design and build by her/her company she was, allegedly, breeching copyright.

This is what happened to me and might not be relevant to your situation. Personally I would take professional advice and take ALL paperwork relating to the project with you.

By the way, there is no copyright on the human face. Not relevant but true!
Susan January 24, 2009 at 6:19pm

Its not an immediate problem, I was really just wondering where we stand on it.Thanks for your replies.