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Author Topic: Copyright question  (Read 9653 times)

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« Reply #25 on: April 14, 2009, 19:43 »

I also think there is a general misundestanding about the rights, that's why I brought up this issue.

If a couple is kissing in public, they may not like having their photo taken, they may impede that their image is used in an advertisement, but can they impede that I print that image and sell copies of them?  It may be unethical, but is it really illegal?  Aren't such images allowed in an art gallery exhibition?  And aren't reproductions from what is in an art gallery often sold to visitors as prints, books and other items?  As long as they are not offensive or demeaning, can the subjects really impede the images to be sold?

Even if I had those Volvo Ocean Race images at Smugmug, does the organization truly have legal rights to impede me, or is it just a legend and the big shots try to threaten us saying we can not do it?

« Reply #26 on: April 14, 2009, 19:53 »
Adelaide... the rights have very little to do with the practical aspect of your question.  The law is written, but we are more involved with the "business of litigation".  In short, the big companies (sporting bodies) will push you because they can, not for any other reason.  We have had cases before in this matter in Australia (I'm American living in Aussie land) ..  If I own the copyright to the image, I can sell it for personal use to anyone as long as I don't use it commercially or defame the subjects.  Argue as some will, but this is done in every country where there are photographers.

The funny thing is I sell most of my prints to athletes (or family members) who see there images published in magazines and want copies to give to their families..  that includes some friends in the last Volvo.

Cheers,  JC


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