Legal Debate who is correct?

Discussion in 'General Shop Talk' started by UUilliam, Nov 7, 2009.

  1. UUilliam

    UUilliam TPF Noob!

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    Okay situation at hand is:
    My aunt has a Pamper business, She wants me to make a logo using someone else's images that she has not got the permission to use, I told her this, she keeps arguing with me, so now my family is calling "me" terrible for not making her logo for her.

    I proceed to tell her she can be sued for each image she uses but im talking "bullsh*t"

    I also explained how a photographer has the right to sue someone for even putting their OWN wedding on facebook, using his images but once again, Im talking Bull...
    Because "people pay the photographer to take their pictures so the pictures are theirs not the photographers"
    I also explained how the contracts state differently and that the use of images for personal use and commecrcial (in my aunts case, commercial) are different.
     
  2. astrostu

    astrostu I shoot for the stars

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    Based on everything I've read for the last 5 years, they're wrong, you're right. Doesn't matter if they don't like it or if they think you're "terrible" -- ignorance of the law is not a legally defensible excuse.
     
  3. UUilliam

    UUilliam TPF Noob!

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    Thankyou astrou, case settled (sorta :p)

    The purpose of this thread was basically to prove to them they were in the wrong so yeah... thanks :thumbup:
     
  4. Phranquey

    Phranquey TPF Noob!

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    Stick to your guns!! Using someone else's photo for commercial advertising without their permission is a serious no-no....unless she can afford a $150K+ settlement.
     
  5. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    It's a simple, clear cut case this - you can't use someone elses image for commercial or promotional use without their permission. Heck for advertising there are even stronger laws on the image usage rights (eg if you have a person in the image you have to have their permission to use the image as well or have had them sign a waver beforehand).

    Stick to your stance your legaly in the right here (and moraly so as well). I hav no idea what image it is but you could try contacting the owner to see if they would be willing to sell you the image rights or not. Depends a lot on the image in question of course and who took the image.
     
  6. jubb

    jubb TPF Noob!

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    Not only is it an issue with another photographer having the rights, but if there are identifiable people in the pictures you would want some kind of release on file before publishing it as advertising.
     
  7. KmH

    KmH Helping photographers learn to fish Supporting Member

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  8. musicaleCA

    musicaleCA TPF Noob!

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    I'll just add to the choir here. You're right, they're wrong, end of story. Follow KmH's advice. Hopefully presenting them with a legal document to the contrary will help them see reason.
     
  9. battletone

    battletone TPF Noob!

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    Can I ask why you would want a photograph in a logo? Seems like its not really a logo then. ...or are you referring a couple logos someone provided her, and she wants you to recreate them.
     
  10. Dominantly

    Dominantly TPF Noob!

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    Can you recreate the image, or close enough to it, to make them happy?
     
  11. musicaleCA

    musicaleCA TPF Noob!

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    That would be a derivative work, and may or may not be allowable depending on use. UUilliam best read the legislation KmH linked to and try to figure that one out.
     
  12. Dominantly

    Dominantly TPF Noob!

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    No, I'm not talking about Derivative work, I'm talking about taking his camera and going out to capture something similar enough to make her happy.
     

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