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Event Photo - Licensing Question


fbatin 1
27 Oct 2017 12:40AM
Hi.

I am not sure if this is the correct forum. If this is not the correct forum, maybe you can send me a message provide me with suggestions of where I may go.

This weekend, I was hired to do a political fundraiser and did some photos.

My question is:

One of the photos taken at the event is running for office, and they would like to use a photo I had taken with the individual and her supporters.

(1) Can I make it available to them under a licensing agreement, or am I prohibited beause there are others in the photo that I do not have a photo release for.

Is/are their options of how to properly address this.

Thanks1

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sausage Plus
14 573 United Kingdom
27 Oct 2017 8:33AM
Not sure about this but I would have thought that if they are using the photo to promote something political (or whatever) then you would need the permission of all the people in the picture.They may have been happy at the time to have their picture taken but people can change their minds.
Tianshi_angie 4 2.4k England
27 Oct 2017 12:43PM
And it isn't clear from your question which country you live in as the rules could well be different.
Euan65 Plus
1 316 United Kingdom
27 Oct 2017 2:56PM
The bet advice would be to contact a lawyer in your area who is familiar with intellectual property law and licensing. Such laws vary widely between countries and even in some cases within countries such as the United states.

Never assume that because something is permissible in one country it is also permissible in another, even if it seems like a really basic thing or even if "people do it all the time," an argument which rarely holds in court. Even within a country the law can vary - there are many differences in law between the states of America, for example, or between England and Scotland.
ChrisV Plus
12 2.3k 26 United Kingdom
27 Oct 2017 3:47PM
Assuming it's in the UK there are a few variables to this. Was the photo taken in a public place? If it was it's legitimate for journalistic purposes to use the photo - people do not own copyright of their own likeness. On the other hand if it's viewed as a commercial image [and one interpretation of campaigning would be that], then it could be construed that someone is using the image of another person for profit [even if that's not cash] and that could cause problems - particularly if there's someone there not in sympathy with the candidates political aspirations.

On the other hand if the photo is at a public event and the candidate is using it to illustrate that it might be argued it is straightforwardly journalistic. You don't need to be registered as a journalist to enjoy this sort of freedom.

Photos taken on private property are a different matter altogether because these may be covered by restrictions imposed by the owner including their customers' right to privacy.

I'd check intended usage and exercise a bit of caution.
Aeros 1 12 Canada
27 Oct 2017 10:37PM
ChrisV is completely correct on all points. I beleive the UK is a signatury of the Bearn Treaty re; intellectual Property Rights. No person has copyright to their own image that was created by means of still photography or video or any visual recording medium in a public place. The law says there is no reasonable expectation of privacy in a publice place.

I had to litigate on an issue of Copyright Infringement and won because I read the Act and ended up knowing more law than the defending cousel. The Copyright Act is the easiest of all to read and comprehend. I urge all photographers to read it for their own benefit and peace of mind. BTW, I won my case and celebrated a very profitable victory with a bottle of Remy Martin and a good Cuban cigar.Tongue

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