Photography Laws - Advice Needed

[TheOriginalMrP]

I need some advice regarding the laws on photography.

To cut a long story short, several years ago I allowed my car to be photographed with models to promote them, or the photographer, with no real financial gain to myself. I wasn't expecting any, and I was fully aware I was doing it free of charge.

However, several years later, I have seen some of these images floating around the internet with the photographer's company watermarked onto the images, promoting his work etc.

As I allowed him to use my car free of charge, I sent him an email via his website asking if I could have a CD ROM of all images captured on that day, for my own reproduction onto canvas for my workshop wall, computer screen savers etc , but non for profit purposes and my own personal history collection of the car. I stated I'd be happy to cover the cost of the CD ROM and postage etc.

He replied in a friendly manner, and he is genuinely a nice guy. He wanted £30 for a disc with the complete collection of the images.

I personally think this is a little over the top as he had probably been paid well by the models whom he was photographing don't you think?
These models had to sign a consent form so he could proceed and distribute the images... Shouldn't I have signed one allowing the images to be used by him and the models?

I don't exactly know where I'm going with this, and to be honest if somebody had done me a favour earning me a financial gain, I would be happy to return the favour. Profiteering further is taking the piddle, or am I being unreasonable?

I have the same opinion about paying to enter your car into a show when the public pay, or even worse get in free.

I know if a car is snapped and put on instagram etc, it's hard cheddar.

But when a watermarked image appears gaining somebody else financially, and you haven't given consent to it (and they want to charge you for pictures of your own car when you did it as a favour to begin with), is there anything I can do about it?

Quite frankly, if he'd have said £5, £10, even £20, I probably wouldn't have even worried....

Thanks

[Rissy]

The photographs are the property of the person who took them.

You have no claim to them. Possession is 9/10ths of the law. Because it's a belonging, rather than a person, I'm fairly certain that's why you weren't asked to sign a release form to him.

The fact that the guy is being a knob, is besides the matter. I would think exactly the same as you Benji. Maybe you should have made an agreement along the lines of you receiving copies before allowing him to take the photographs...?

You can however, request for the photos on the premis that they are of sentimental value etc from the family of the photographer, but only once he pops his clogs.

...a heads up warning to all owners out there?!

[88mph]

Yeah, the decent thing would be for him to send you a copy, but the law is abit different.
If you'd agreed a copy at the time, & he didn't send a copy, you could have him for breach of contract & claim for your losses. Maybe a few hours work? But it probably wouldn't be worth the hassle.

[TheOriginalMrP]

Cheers guys.

This is the photoshoot I was referring to.

All clips start off the same but half way through the models are different so don't click on each watching the first few seconds thinking they are the same....


Back to the Future Photoshoot - Part 1: http://youtu.be/AsZWo5va9Zk
Back to the Future Photoshoot - Part 2: http://youtu.be/CszLJNkL-KE
Back to the Future Photoshoot - Part 3: http://youtu.be/JE8fx02DsII

Ps, the girl on the left in the second video, is a professional model, been in nuts magazine etc.

Ben

[Chris Williams]

The important question in all this is why was I not invited?????

[malcy34]

I see there's no mention of copyright on the pics on the youtude vid...and even if there was i'd still rip them off from the video, might take
some time but it won't cost anything..!!!

[88mph]

Chris Williams Wrote:The important question in all this is why was I not invited?????

Fancy abit of modelling then?
Ahhhh yes, by your avatar I can see you like to 'strike a pose' Chris! :lol:

[88mph]

malcy34 Wrote:I see there's no mention of copyright on the pics on the youtude vid...and even if there was i'd still rip them off from the video, might take
some time but it won't cost anything..!!!

You wouldn't be able to do anything with YouTube vid stills, the OP talks about wanting posters made, the quality/pixel count would be awful.

[Chris Williams]

Quote:Fancy abit of modelling then?
Ahhhh yes, by your avatar I can see you like to 'strike a pose' Chris!

LOL only as an artistic observer you know. :roll: :wink:
Chris

[TheOriginalMrP]

There were literally hundreds of pictures taken over 4 hours, with more models than shown in the videos, and each one changed outfits several times. That will give you more of an idea, the videos in comparison are just like "trailers" if you like.

And even if and when I do pay the £30, I'm not allowed to share the images online anyway as they remain the property of the photographer. In other words, I've paid the money for the time to shift the images from camera memory card to CD ROM. It doesn't give me any exclusive rights over them.

I can however pm the links to the professional model's images.

[Stuart Rees]

Hi Ben how's things buddy. If it's 30 quid for hundreds of photos that's probably where he's getting the price from. Unfair I know but how 'bout you talk him into sending you about 10 or 20 good ones to your email in exchange for your free loan of the car and maybe he'll oblige...

[Stuart Rees]

Ps pm me the links...

[Dangermouse]

Stuart Rees Wrote:Hi Ben how's things buddy. If it's 30 quid for hundreds of photos that's probably where he's getting the price from. Unfair I know but how 'bout you talk him into sending you about 10 or 20 good ones to your email in exchange for your free loan of the car and maybe he'll oblige...

He would probably charge you more for his time to sort through his 100s of raw pictures for the 10 best ones.

You are making it easy for him by asking for all of them; he can just copy the entire folder for you.

Actually, you may find that that all the images he is sending you don't fit on a single disc, so he is pricing in the cost of multiple discs plus postage. And, as he is a professional, he may only use archival quality media.

Perhaps if you offer to send him a USB stick of the required capacity that the price would come down?

Either way they will still be his copyrighted property, I guess.

[DMCTodayMichael]

Personally I think some of the models spoil the shots.

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