Copyright infringement?

Terrier_Jimlad

Terrier_Jimlad

Terrier_Jimlad

Soldato
Joined
4 Nov 2006
Posts
2,752
Location
Yorkshire
Evening all

My flat mate is an administrator on a fairly popular MTB forum, has a few thousand members and it's quite active. At one of the larger hardback trails (its open to the public) there is always a photographer taking snaps of everyone like doing the black runs etc, and later on he uploads them and if you wish you can buy them direct on the site. Anyway moving on, he managed to get some snaps of a guy who came off the snake run and ended up face planting the floor and ended up pretty mashed up. The photos of the accident were on the site for about a week before they were taken down, probably due to the guy who fell off complaining, however one of the members on the MTB forum managed to get a hold of the pics before they were taken down and has now put them on the MTB forum showing people how not to do the snake run etc (photos are hosted on ImageShack)

Now obviously someone has grassed the poster up to the professional photographer and straight away he's sent the two admins a couple of emails stating that the work is copyrighted and that it's illegal to use the images and that he wants them removing NOW

I dont think they'd mind removing the images, but he was wondering where he stands legally on this? This photographer's images are used all over the internet and he seems to bat an eye lid to them when they're benefitting him i.e. making him money

Anyone know the legalities of this kind of thing?
 
if the photographer took the pictures then yes they are automatically copyrighted and need his permission to be used.
im sure he will be picky when it comes to choosing when to kick up a stink about his photos being used just like most people you only complain when something isnt working your way / making you money.

possible reason for him mailing the admins is that if he has been asked to take the photos off his site he wont want them being posted elsewhere and possibly getting more greif from the guy that was hurt

im sure you will get a more detailed explaniation in the photography and video forum
 
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The photos are his. He wouldn't of transferred the rights to the photos by any of his actions and he is well within his right to request their removal.

Re-reading, are you saying that before the incident the photographer was unaware that his photos were being sold on the site direct? Or just in this instance that he wanted the images removing?
 
challengedavid said:
does the photgrapher need permission to take your photo?
Click to expand...

Only if the people in them would have had a "reasonable expectation" of privacy, and they weren't taken on public property.

Sounds lime this is not the case so he can take whatever photos he likes, and do what he wants with them as it's his IP.
 
You'd be surprised how many photographers will allow some use of their photos without payment if asked. However, if someone is sneaky enough to 'get a hold' of photos and use them without askng (and possibly without credit), I'm not surprised he got shirty.
 
I'm always thinking about this too, although I have yet to come across an instance where I have had to ask someone not to use my photos. I take Sunday league football photos and car meet photos and upload them on fb or forums to share with people. I fully realise that people will definitely use them for their own personal purpose i.e. fb profile photo, car club calendar, video montage, etc, in which case I am happy only to get credited somewhere as long as no profit is made from the photo. I sometimes watermark them, depending on whether I think they could get misused.

Anyway, the rights to photos remain with the photographer and I am fairly certain he is within his rights to ask people to stop using them without his consent.
 
Photographer does indeed have copyright of the photos he took. Though most togs are decent enough people and would only moan if someone else is selling their work and pocketing the money themselves, whereas just using it on your blog or whatever they don't mind as your not profiting.

Though of-course you do have to question the idea of the tog selling the photos without the subject's (the crashing rider) permission.
 
The photographer is absolutely within his rights to ask for them to be removed - he took the shots, he owns the copyright.

Whether he is making money from them or uploaded them online is utterly irrelevant - the copyright is his and he can do with them as he likes - whoever reposted them is breaking copyright law by posting them again.

Your last line puzzles me a bit - the photographer is taking his time, using his equipment and posting the results online for all to see. He's not making any money until someone buys a print - which they don't have to do just to look at the pictures.

Why on earth shouldn't he be angry that the pictures are uploaded by someone else? He's probably invested thousands of pounds in equipment to be able to take decent sharp photos which that forum will be able to see quite freely without buying anything...and you seem to think that he's money grabbing when he wants something taking down that he owns? :eek::confused:

*edit* a quick mention on the ethics of the crash...as Westyfield2 says it could be in bad taste that he was uploading pictures of the rider crashing, there are thousands of pictures and videos online of people crashing pretty much anything with wheels...it almost seems a right of passage in some sports! In that case though it would have been a good idea to check with the rider first, taking into account the embarrassment factor etc.
 
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