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Moral Rights and Copyright

  1. As a working professional photographer you have noticed that someone has used one of your images on their blog. They have not credited you for being the original photographer, but have not said that they are the photographer either. It is just a personal blog showing interesting photographs from around the world.
    If you are the creator of an image, you need to recognised for your work, regardless of what i’s purpose is on this particular blog, there is all sorts of copyright laws that are being breached and the photographer is more then in their right to sue for liability.

 

  1. As a wedding photographer you notice that at the local shopping centre one of your images in the window of a “QuickPrint” printing shop. After talking to the shop owner, he tells you that a couple came in and got some enlargements done and agreed to let the shop owner display one of the images in the shop window. 

Photos that have been paid for (on commission) first and foremost belong to the owner, as they have paid for the rights to the image and the use of the images in whatever why they choose.

The owner of the QuickPrint is more then in their rights to display the image as they have had verbal confirmation from the owner of the photos.

The photographer therefore has no copyright/ownership of the photos, unless stated in a previous contract.

 

  1. As a working advertising photographer you take an image of a building and cityscape for a regular client. You agree on usage and a price. It is agreed that the image can only be used for 12 months and printed up to A3 for brochure, internal marketing and on their website and not to be used overseas. Six months later you notice that your image is being used on the side of a tram, covering the entire tram. Once you start investigating this you notice that your image is also being used for advertising in international magazines.  

The client has breached the agreement.

The use of the images on the tram and in the international magazine is a clear breach of the agreement, there was a set agreement that is clearly set out and agreed upon by two parties which has now been broken. The best way to avoid this situation is to always have written a written and signed contract, this will reduce the risk of copyright fraud and will mean there will be less of a chance of one party breaching this agreement. 

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About courtswilliams

Makeup artist, Photographer.

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