Infringment/Copyright Legal Help??

Plantlover66 · 17 April 2019 at 12:01PM

Good Morning All,
Sorry if this isn't in the right section...I'm looking for anyone that may have a bit of knowledge on photography infringement/copyright law that can assist?

Back in 2016, I set up a friendly photoshoot with a couple of local models, in order to take some film photographs for some upcoming exhibitions I wanted to take part in. I set up the photoshoot, contacted the models (unpaid), bought props and chose a location for the shoot.

One of the girls I asked to model, has an apparel business. Photos were sent to everyone involved in the shoot to post on their social media, as long as they credited me and my fianc! who was helping me with the shoot. I've had to ask this one girl not to post our photos without crediting about a year ago already.

This week, I logged onto social media to see that she had used one of the photos we took, has edited it and used it on clothing which she has already started selling. She never asked out permission and now we've asked her to take it down she's saying it was her shoot and that she can use the photos commercially because her friends are in the photos!! We've tried to discuss with her, but she's being very unreasonable even though we've offered her the chance to purchase the photo off us so she can use legally.

Can anyone tell me where we stand and what I can do to get this resolved? We want her to pay for the photo regardless of if she stops selling the clothes because I know she's sold it to people already. I still have the original photo files and my original convo with the lady in question.

How would I go about this legally? Small claims?

Thanks in advance!

Blackbeard_of_Perranporth · 17 April 2019 at 12:21PM

Did you have a model release form when she modelled for you?
If the answer is yes, you may have recourse

If no, cie la vie!

Plantlover66 · 17 April 2019 at 12:43PM

No nothing like that unfortunately. There were no contracts/waiver forms signed at all. Does that mean there's no way for me to stop her using the photos?

Slinky · 17 April 2019 at 12:46PM

Copyright Notice digital images, photographs and the internet

https://assets.publishing.service.gov.uk/government/uploads/.../c-notice-201401.pdf

Plantlover66 · 17 April 2019 at 12:53PM

Sorry I've just seen the end of your post. So basically, if nothing was signed I cannot legally do anything? Is that really the case? Even if we haven't given her explicit use of the photo to do what she wants with?

Seems crazy that she's able to make money off something that doesn't belong to her.

bingo_bango · 17 April 2019 at 1:29PM

You need to read all of the document that Slinky posted above. Nothing needs to be signed at any point here.

You are the creator of the work, and therefore own the copyright. You get to say who can use your work.

This gives you a number of options, ultimately being court action against any infringment. You would be suing on the basis of the profit she makes from work that you own without a licence from you. Could also be a claim for reputational damage but I don't see that applying here.

Plantlover66 · 17 April 2019 at 4:23PM

bingo_bango wrote: »

You need to read all of the document that Slinky posted above. Nothing needs to be signed at any point here.

You are the creator of the work, and therefore own the copyright. You get to say who can use your work.

This gives you a number of options, ultimately being court action against any infringment. You would be suing on the basis of the profit she makes from work that you own without a licence from you. Could also be a claim for reputational damage but I don't see that applying here.

Slinky wrote: »

Copyright Notice digital images, photographs and the internet

https://assets.publishing.service.gov.uk/government/uploads/.../c-notice-201401.pdf

Thanks guys, there's some great info there. I think the only way to deal with this would be legally. The lady in question has continued to be difficult about the matter and is insisting the images are hers because she's made 5 changes to the photo making it legally her design now. Does anyone know if this is in fact true?
I've done a search online but couldn't find any info regarding this statement.

I'd rather not have to take it down the legal route as I know it can get expensive but I've found a local solicitors who offer a free legal advice clinic once a week so I'm going to book in for an appointment with them ASAP.

Percy1983 · 20 April 2019 at 12:07AM

Here is my take (I am also a photographer).

You own the copyright, yes, is it worth chasing, probably not.

I would have gone at it another way, if she is now selling clothing I would have got in touch and seen if she needed more photos and offered my services (at a price of course).

I suppose there is the principle of having a photo stolen and the time and effort which will be needed to stop it, is it worth that time and effort?

molerat · 20 April 2019 at 2:54PM

halexis91 wrote: »

Thanks guys, there's some great info there. I think the only way to deal with this would be legally. The lady in question has continued to be difficult about the matter and is insisting the images are hers because she's made 5 changes to the photo making it legally her design now. Does anyone know if this is in fact true?
I've done a search online but couldn't find any info regarding this statement.

From the above link

For an infringement of copyright to occur, it is not necessary that a work is copied in its entirety – copying a ‘substantial’ part of a work will also infringe. Taking an existing image and making an adaptation of it without permission will usually be an infringement of copyright.

Elise1912 · 22 April 2019 at 8:20PM

What kind of contract or documentation do you have that either of you signed at the time of the shoot?

Plantlover66 · 24 April 2019 at 5:09PM

Percy1983 wrote: »

Here is my take (I am also a photographer).

You own the copyright, yes, is it worth chasing, probably not.

I would have gone at it another way, if she is now selling clothing I would have got in touch and seen if she needed more photos and offered my services (at a price of course).

I suppose there is the principle of having a photo stolen and the time and effort which will be needed to stop it, is it worth that time and effort?

Hi Percy, thanks for the input.

You're very right that is definitely one way of doing it, but this matter has honestly put me off working with her ever again. She's shown me that she's not the type of person I'd ever want a working relationship with because it just shows how untrustworthy she is.

I think yes it is a lot of time and money but I think for me it's more principal. I had plans for all of those photos and now she's selling it as her work and ruined it whilst she's at it by putting awful text all over it!

Have you ever gone legal with this sort of thing when it comes to your photography business? If so, I'm eager to hear the time and money it cost you if you're happy to disclose?

Infringment/Copyright Legal Help??

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