Help please! Copyright of photographs?

[Black Cat]

Website I'm doing at the moment, client has sent through some new photos for me to use. They're not her photos (much better than what she's sent me before!), so I questioned where they were from because I was concerned about copyright.

She says "I found them on google, some are from flickr and the c. one's are from a local person, who allows them to be used for personal use. None of them say they have copyright as they aren't from professional photographers if that helps...."

Am I right in thinking it doesn't matter if it says 'copyright' or not - she will need express permission from the photographers to use them on a website. Also is using them on a website 'personal use'????

Need to tread carefully (as client is my SIL!) but I'm not happy about using other people's photos.

Any help or advice (or helpful advice!) gratefully received!

Thanks,

Lucy

[MrTempleDene]

professional photographer or not, copyright remains with the creator of the photograph (or indeed any creative work)

You don't mention if her site is commercial or not, if it is then that certainly does not count as "personal use"

Sometimes people who put pictures up on flickr release them under a creative commons (http://creativecommons.org/) licence but that still does not necessarily mean they are completely free to use in any condition and each photograph needs to be assessed by the type of licence individually.

I specify in my terms and conditions that the client takes responsibility for ensuring copyright permission has been granted for any art work they supply me, although I am not sure how that would stand under copyright law, I am hoping it would indemnify me if it came to legal action.

[Black Cat]

Thank you MrTempleDene - that's exactly what I thought too. Needed to check it wasn't just me being too 'picky' before I p*ss my SIL off!

[obscure]

I do what MrTD does and have a section in my T&C about copyright & images / photos.

If I found out from a client that they had taken images from google / flickr / photobox or whatever I do always inform them that they are not freely avialable for use and that the owner needs to be contacted to give permission to use them. Put it in writing. If they then confirm you are ok to use them its them that would be liable not you - but you have informed them of what is going on.

I also give them links to stock photography websites so they can legally purchase alternatives.

At the end of the day there is only so much you can do - but you need to make sure you are covered. One thing I would NOT use without absolutel clarification that the photo owner said its ok is photos of people though. Places and objects etc are fine, but never pictures of someones child etc.

Sadie

[Black Cat]

Thanks Sadie. Its photos of places - the village where her holiday home is (she rents it out). Quite right about photos of people, esp, children!

I will add something to my T&C for future use!!

Now, how do I tell SIL that photos of the toilet are *not* going to encourage people to stay at her place??? And that if you have a photo of the bedroom, MAKE THE BED!!!!!!

Need to find my tactful head .... where did I put it??? shrugshoulders111

[sizzlingscience]

Tell her she needs to sell the "ing" not the "thing" -

so pictures of lovely view, spotless house, table laid for dinner...that way you can get the message across without stating the obvious, make the bed!

[obscure]

LOL @ the bed Lucy!

Hope you get it sorted - working with friends & family can be a nightmare. I was really lucky when we did a website for my SIL - she was fab to work with.

:) Sadie

[Black Cat]

Well - I obviously *did* manage to have my tactful head on, because she's replied saying what was she thinking of, sending photos of the toilet. And yes, she'll try and get back and take photos with the beds made up. She's even going to speak to the photographer who took the photos she wanted to use.

Phew - and she's still talking to me!

Thanks for all your help guys!

Lucy

[Black Cat]

Tell her she needs to sell the "ing" not the "thing" -

so pictures of lovely view, spotless house, table laid for dinner...that way you can get the message across without stating the obvious, make the bed!

Thanks - that's it exactly! Fingers crossed I've pushed her in the right direction now!!

[theMusicMan]

Copyright of the image rests with the photographer, period. This happens all the time... images are 'googled' or picked from facebook, or even photo galleries - I have come across this myself on my own images where someone told me they downloaded images and used them - without even asking me! But just because people do this doesn't make it legal to do so... it isn't. Permission must be obtained from the photographer in order to use the image.

Also... in the case of using images of people; if you intend using the image in a commercial context, you need to ensure the photographer has obtained a 'model release' which entitles him/her to use the image in that regard. You don't actually legally need a model release in the UK, but because of the global market, it's best to obtain one if you plan on using any images in a 'promotional' context or if you license them for use elsewhere.

There is no issue at all in using them in an editorial context, such as on a photography forum, or on here even.