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Thread: Copyright Question.

  1. #1
    Join Date
    Dec 2013
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    Default Copyright Question.

    Hi,

    Just wondered if anyone may be able to answer this for me. I sent a picture of a nearly finished piece with my copyright logo at the bottom of the pic for approval to a customer last week.

    I finished and sent the piece to a customer and she received today and sent an email saying how much she loved it. She has sent me a FB request sometime ago at the beginning of ordering and I had coincidentally accepted a week or so ago.

    Just had a peek on her FB page and there is a picture of my piece, with a description saying hand made pendant in memory of ............ and with the copyright of her friend who took the picture at the bottom. Now looking at the friends FB page he has a few pictures with his copyright on it - thought not sure if pro or not as the actual picture of the piece is certainly less pro looking that mine (and I'm not great by any stretch) though appreciate silver is hard to picture if not used to it.

    Anyway, it looks very much like it is his piece as no mention of the copyright being of the picture and with no mention of it being made by me, is it OK to photograph someone elses work and put a copyright on it without mentioning the copyright of the work is theirs. I have a feeling not - but been a while since I have looked into copyright. Something I feel strongly about and will never copy in any way shape or form, anyone elses work and expect the same.

    Any thoughts on this please. Thank you

  2. #2
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    Default

    My thoughts, as you asked, but I am not an expert.
    It seems from your description that he is simply claiming copyright for his photo(s) - which seems fair enough?
    Not that he needs to, one of the Berne principles is that it automatically exists.
    I may have misinterpreted what you meant though?
    Cheers.

  3. #3
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    Thanks for that - it comes across very much as if it is his work, not that he is copyrighting the photo as he has started this thread on the hand made piece and attached his name to it :-) I always thought that if a photo of any kind of art work was taken, then you needed to give credit to the person that produces the work. Certainly if I use a photo and produce artwork from it - I need to give credit to the photographer

  4. #4
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    Quote Originally Posted by Animalnutty View Post
    I always thought that if a photo of any kind of art work was taken, then you needed to give credit to the person that produces the work.
    I've not found that to be the case personally. The copyright of photos (taken by someone else) of some of my work (in another craft) is owned by Getty Images. Even though I made the artefacts shown in the images I would in fact have to pay Getty Images if I wanted to make public use of those images.

  5. #5
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    Quote Originally Posted by Aurarius View Post
    I've not found that to be the case personally. The copyright of photos (taken by someone else) of some of my work (in another craft) is owned by Getty Images. Even though I made the artefacts shown in the images I would in fact have to pay Getty Images if I wanted to make public use of those images.
    But going by that, I could take a photo of your photos and out my copyright at the bottom of it - which isn't the case - I could take a photo of your work, but I would have to say that the original photo (artwork) was by so and so. Just reading through some stuff now that does back up my thoughts on it. Would still be interested to hear others opinions on it.

    Apart from anything else, this chap has made it look like it is his work - I only know that he didn;t make the piece because it's mine, other wise, from the post,I would have assumed he made the work

  6. #6
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    [QUOTE=Animalnutty;67078] I could take a photo of your work, but I would have to say that the original photo (artwork) was by so and so. [QUOTE]
    Getty Images makes no mention of who made the artefacts shown in their photos of my work.

  7. #7
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    Actually, reading through a bit more (getting fuzzy brained) if the lady who had bought it took a photo and wanted to claim rights to the photo she could because the piece belonged to her, but him doing it could be an infringement of copyright.

    It's done in a way that is very unclear and am struggling to make sense of the rights and wrongs of it. I think it's more the way it has been done that seems a little off as with the written comments with it and subsequent comments, it looks very much like the pendant is his work.

  8. #8
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    [QUOTE=Aurarius;67080][QUOTE=Animalnutty;67078] I could take a photo of your work, but I would have to say that the original photo (artwork) was by so and so.
    Getty Images makes no mention of who made the artefacts shown in their photos of my work.
    I was referring to your photograph by getty images, not your work that you have photographed. So I could (going by what you said) take a picture of your photo and claim that photo as my own!

  9. #9
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    Quote Originally Posted by Animalnutty View Post
    So I could (going by what you said) take a picture of your photo and claim that photo as my own!
    If you mean you could take a photo of the Getty Images photo and claim it as your own I'm pretty sure the answer is no, you'd be in breach of the copyright.
    Have a look here.

  10. #10
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    I wouldnt waste anymore time worrying unless you have a small fortune to legally pursue it theres not a lot you can do,just look at it as a compliment and make more !

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