Clause 85 of the Copyright Act states that if photographs are commissioned,
despite the fact that the photographer owns the copyright, the photographer
may not display the photos in public without your permission. If you choose
to waive those rights, then of course you lose these rights. I suspect
Simon did waive those rights. In Nick's case, there is no question that the
photographer broke the law and Nick can sue the photographer. Clause 103 of
the Act outlines on what basis one can sue ("breach of statutory duty"). In
essence Nick can demand
1. that the offending materials be destroyed or delivered to him
2. get an injunction preventing any repetition of the offence
3. get his legal costs back
4. get for himself the prize won by the photographer
but he will need a lawyer to help!
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
e mail [log in to unmask]
----- Original Message -----
From: "Simon Howarth (RGC) Interim Information Governance Manager"
<[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 23, 2006 9:03 AM
Subject: Re: Photos as personal information
> When a commercial photographer takes photo's, even though you are paying,
> unless negotiated otherwise the copyright of the photographs lies with the
> photographer.
>
> My wife had some photo's done last year and I vaguely remember a form
> being
> signed that provided the photographer with certain rights - I know I
> looked
> at it, and it didn't give any concern, at least in this instance.
>
> It's therefore possible that the photographer was acting well within their
> rights in terms of competition submission and display.
>
> Any photographers care to enlighten us further?
>
> -----Original Message-----
> From: Nick Landau [mailto:[log in to unmask]]
> Sent: 22 February 2006 19:39
> To: [log in to unmask]
> Subject: Re: [data-protection] Photos as personal information
>
>
> I seem to recall that many years ago a commercial photographer took a
> photo
> of my cousin's 3 young daughters for them and then without their consent
> submitted the photo to a competition. The photo won a prize and was
> displayed in their shopwindow (or a shop window).
>
> Whilst it was a lovely picture and they were no doubt pleased that it had
> won the prize, if I remember rightly the photographer didn't ask their
> permission to submit the photo for the competition - I presume that they
> had
>
> just commissioned the photographer to take a personal photo for them.
>
> It wasn't for publication in a newspaper, which would be a different
> matter.
>
> Nick Landau
>
> ----- Original Message -----
> From: "datap" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, February 22, 2006 11:58 AM
> Subject: Re: [data-protection] Photos as personal information
>
>
>>I would consider a cafe to be the public domain as it is an area open to
>> and used by members of the public. But I would argue that consent would
>> depend on what the photograph was to be used for.
>>
>> If the person taking the photo was doing so for their own personal use
>> this would be exempt from DPA under domestic purposes, but if that
>> person entered it in a competition / sold it to a magazine then I would
>> hope they would collect your consent - unless you are not identifiable
>> from the picture.
>>
>>
>> Tanya Holden
>> Information Governance Manager
>>
>> Metropolitan Housing Partnership
>>
>>
>>>>> Lawrence Serewicz <[log in to unmask]> 22/02/2006
>> 11:51:55 >>>
>>
>> The current discussion on filming graduations has raised an additional
>>
>> question for me.
>>
>> I was in London last summer and someone took my photo as I sat in
>> coffee
>> shop window. I was wondering if the photographer needed to obtain my
>> permission and if I had any redress. For example, someone sitting
>> inside
>> a cafe is not out on the street or attending a public event, which
>> would
>> indicate that they have some measure of privacy. I can see the flip
>> side
>> of this argument, where the photographer might argue that when someone
>>
>> leaves their home they have entered the "public domain".
>>
>> I would be interested in people's views on the matter.
>>
>> Best,
>>
>> Lawrence
>>
>>
>>
>> Lawrence W. Serewicz
>> Scrutiny Manager
>> Management Support Unit
>> Wear Valley District Council
>> 01388-761-985
>>
>>
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