© on pics

[JHAG]

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A lamp designer I shot several hundreds of pics for two years ago has paid for the pics (a discounted price).

I just asked her to mention my © each time she uses it.

Now she sent me an invitation for her next exhibition, using my pics, with no © visible anywhere, not even my name mentioned somewhere.

Have I any right to ask her to correct this ?

Of course, we did not write any contract.

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[pico]

A lamp designer I shot several hundreds of pics for two years ago has paid for the pics (a discounted price).

I just asked her to mention my © each time she uses it.

Now she sent me an invitation for her next exhibition, using my pics, with no © visible anywhere, not even my name mentioned somewhere.

Have I any right to ask her to correct this ?

Of course, we did not write any contract.

 

I don't know about the 'right' to ask her, but I would certainly consider it appropriate to ask.

 

(Lamp designer! Very interesting. One of my photos hung in Dietiker AG's' exec office. RIP Urs Felber)

[bartok]

You should definitely ask - the copyright always belongs to the photographer. Even if she doesn't use ©, which she should, at least your name should be mentioned ( many thanks to x for the photographs etc or similar being usual). Effectively your work is being exhibited too - people should know who you are.

 

Some people genuinely don't realise this and once they've paid don't bother about crediting the photographer - I always remind users, even though I have a written contract, that they must credit me.

 

Regards

[edmond_terakopian]

There is no law or tradition that states photographers must be credited. Some publications do, others don't. A private client can be made to if it's a contractual agreement, but if not, all you can do is ask nicely for this to be done.

[Jeff S]

Many different issues here: attribution versus copyright; differing country laws; copyright registration (which, if done in the US, is not negated even if the copyright symbol is missing); Fair Use principles; written usage statements or agreements; and much more.

 

Then, beyond the legal aspects are the practical aspects. And the ethical aspects.This video posted on TOP demonstrates a particularly egregious, and frankly amazing, use of someone's photo. But, as the photographer discusses, there has been no apparent attempt on his part to legally pursue violators (if any).

 

I offer no opinion on this situation other than bringing your concerns to her attention. I'm no lawyer, but I wouldn't be surprised if there are technically legal issues here, even if a legal recourse is not deemed appropriate or desirable or practical in any way. If so, my guess is that these technicalities likely relate to the sharing of the photos in the first place, not their attribution (at least not without an agreement).

 

Jeff

[JHAG]

Thanks to all.

She'll graciously ask her web designer to apply appropriate ©.

Pity she didn't think of it prior to sending her invitation mail…

[bybrett]

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There is no law or tradition that states photographers must be credited. Some publications do, others don't. A private client can be made to if it's a contractual agreement, but if not, all you can do is ask nicely for this to be done.

 

 

Moral rights for creators were introduced into UK law in the Copyright, Designs and Patents Act 1988

 

The author's moral rights are:

 

- the right to be identified as the author or the director, a right which has to be "asserted" at the time of publication

- the right to object to derogatory treatment of work

- the right to object to false attribution of work

- the right to privacy of certain photographs and films

 

So simply assert your moral rights to be credited in the image data, along with your copyright!!

[tdtaylor]

One thing to note- all things can be agreed to (only legal "things") by two responsible parties in a contract/agreement. In our designs (engineering and architectural), Owners often ask to retain the Copyright, which in their mind means Ownership of the drawings. Since we do site specific designs, we will allow this with additional compensation, being that the design is only used for that specific location/Project.

 

In my business, reusing a design in another locale with different regulations could be non-code compliant, inadvertently extending my liability without compensation. I have found over many years that these laws are full of pitfalls and unforeseen obstacles, so legal consultation is recommended. Also note that it is quite easy to copyright a work- costs about $75. Upon application you are granted a temporary copyright, to be made permanent later (unfortunately in several years when it is actually reviewed).