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Content, Writing and Copyright Forum

    
Image Copyright Question - Trying to CMA with a Client.
If someone takes a picture of someone, can they use it at will?
mhansen




msg:4430845
 1:44 pm on Mar 19, 2012 (gmt 0)

I am in the middle of a project for a company who is representing a high profile musician, and they have asked me to use a set of images from a professional photographer company website. The images in question are of the musician during a live concert, and the website has some heavy handed copyright statements all over the site. It's not an enthusiast site, its a professional site.

I advised my client about the copyright issue, and was told:

1 - Since the picture is of the musician, the musician himself can use it as he wishes.

2 - Since the musician is being represented by my client, he has passed his right to use the image to them.

3 - Since they are telling me to use the images, my rear is in the clear on it.

4 - They said they have talked to their attorney and everything is fine.

Has anyone dealt with an image issue like this before, and if so, what would you do? Advise of the copyright pages, use the images and move on?

Thanks in advance, just trying to cover my OWN rear.

MH

 

Samizdata




msg:4430859
 2:13 pm on Mar 19, 2012 (gmt 0)

Nothing I say constitutes legal advice.

If someone takes a picture of someone, can they use it at will?

If a photograph is taken in a public place the photographer can do what they like with it.

Since the picture is of the musician, the musician himself can use it as he wishes

Sounds like nonsense - copyright lies with the photographer.

However:

The images in question are of the musician during a live concert

Restrictions on photography are often imposed at venues - which are not public places - and there may be an existing deal or licence for use.

just trying to cover my OWN rear

Why not contact the photographer for his/her agreement?

...

BeeDeeDubbleU




msg:4430862
 2:21 pm on Mar 19, 2012 (gmt 0)

4 - They said they have talked to their attorney and everything is fine.
Responsibility for copyright issues on a website lies with the website owner. It they are happy for you to out these images on the website then I would go right ahead.
mhansen




msg:4430877
 3:08 pm on Mar 19, 2012 (gmt 0)

Thanks for both of your opinions...

@ Samiz - Contacting the photographer is exactly what I had suggested. At that point, I was told that they had already discussed using the images with both the musician, and their Atty.

@ BeeDee - That's the track I am following. I have thoroughly covered myself and advised them the copyright statement from the website, as well as advised them about the written release needed.

Thanks again.

MH

ken_b




msg:4430891
 3:57 pm on Mar 19, 2012 (gmt 0)

You really, really need to ask a Copyright/IP lawyer these questions.

That would be YOUR lawyer, not you clients lawyer.

.

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