Photographic Rights
harryfear
Posts: 1
Joined: 2009-09-09
User is offline
Photographic Rights

Hello!

I have some questions about photography in UK law...

  • Is a professional photographer permitted to use photographs of his portriture customers (adults and children) for advertising display or non-advertising display purposes? What of it if he has copyright of the images?
  • Can images from a professionally commissioned wedding photography shoo be used for advertising purposes without explicit permission from the comission and/or subjects?
    • What of the situation if one of the photogaphs did dishonour to the photograph's subject?
  • Is publision on Flickr considered (non-commercial?) publication?

Many, many thanks for any ideas or pieces of info!

Best.


Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
admin
Posts: 469
Joined: 2007-12-19
User is online

Yes, it's quite common to agree contractually to publication of such privately commissioned work. Without it wedding photographers would be unable to even publish portfolio sites. 

©A admin

Dave (not verified)
Posts: 293
Joined: 1970-01-01
User is offline

If an agreement/contract is signed to the contrary, would I be right in assuming this is then acceptable?

admin
Posts: 469
Joined: 2007-12-19
User is online

No to all three.

Although the photographer (as author) owns copyright by default so not even the client may copy them without permission, any publication of photos taken for private purposes, such as personal portraits and weddings, is not permitted without the client's permission.

Here is the relevant part of the 1988 Copyright Designs & Patents Act:

 85 Right to privacy of certain photographs and films
(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have-
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or;
(c) the work broadcast or included in a cable programme service;

   and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.
(2) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a) section 31 (incidental inclusion of work in an artistic work, film, broadcast or cable programme);
(b) section 45 (parliamentary and judicial proceedings);
(c) section 46 (Royal Commissions and statutory inquiries);
(d) section 50 (acts done under statutory authority);
(e) section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).

©A admin

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • You may link to images on this site using a special syntax
  • Use the special tag [adsense:format:group:channel] or [adsense:flexiblock:location] to display Google AdSense ads.
  • Images can be added to this post.

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Intro · News · Analysis · FAQ · Forums · Polls · About us · Contact · Privacy · Whois lookup · Links