Where do I stand (not that i'm bothered)

Ok, moving on from art b's arty post this one's about image rights and stuff of that nature so photographers might be able to answer my question.
It came to my attention the other day that 2 paintings I did in 1999 at uni have ended up in a book of "oil paintings in public places" type of thing. The place I studied bought one of them, the other one I have no knowledge of selling to them. No one contacted me to say would I like them in this publication and I only found out from a friend my work was in it at all. I'm not bothered really but should I have been asked or as they are not mine now, have I no say.

 

A picture of my mate holding a big carp has been used without his permission for a fishery brochure

 

Bazza, crimestoppers are still showing your photo

 

When Mrs C was younger a photographer used her photo to publicize his business, she wasn't happy but did nothing about it.
I'm sure they need your permission but I am no legal expert in these matters.

 

Have they credited you in the book?

 

Using anyone’s image for commercial purposes violates that person’s right to privacy y.they ,they could be liable for damages, , although if it’s removed after a complaint .you'll never win more money than you spend in courts fees. EVER.! That’s why when people use other peoples music for political purposes. Campaign etc .Theyre never sued. As long as they take it away. It’s called common mistake...or something... Monty python theme song was used only because it was public domain after a certain period of time. It’s free to use ..

 

I believe any artwork / photos etc that you create automatically have an implied copyright on, ie you don't have to register them anywhere or with any legal body, they are yours to use / distribute as you see fit and anyone wanting to use them should ask you...

However, I 'think' its a bit of a grey area when it comes to use, if it's a non commercial use it's ok but on something they are selling they should at least make all reasonable attempts to contact you. If they have bought the image in the past, then it's their rights to use it.

Having said that, I'm no lawyer...

 

Best thing to do . Is contact them and nicely ask them to put a “photo courtesy of “ it . Then you feel good.
Or have them remove it,,,

 

The person that owns the image has the copyright. So if you sold your painting, you no longer have any rights to it ( but they should acknowledge the painter if they publish it but I don't think they are legally obliged to). A friend of mine had an image of his MG put on greetings cards - his car but not his photo -it was taken at a car show so he had no rights to it - they dis send him a few free cards though when he complained).

 

Bit of a grey area then, and yes Moons, my name is attributed to both artworks. I'm quite surprised they got into a major publication really and it's good for me now as i'm painting full time after last years redundancy from the most boring job in the world.

 

They will do until he stops committing crimes. Wearing Chelsea shirts for a start.

 

I’d say if you sold it to them, they’re within their rights to take photos of it. I wouldn’t say they’re obliged to credit you with painting it, but they did.

If they wanted to print thousands of posters of it, I’d imagine they’d have to pay you a royalty unless you explicitly transferred the copyright.

 

Or died

 

I'd work out what outcome you want from this situation before contacting them to discuss.

EG Do you want them to buy some more recent pieces or feature you in a future publication or payment for work they seem to have featured without ownership/ consent.

Then contact them to clarify how they think they have permission to feature the work. At that point they may realise the mistake. Once you know why they have featured it, you will be in a strong position to negotiate for the outcome you are after.

 

While it would be usual to credit the artist when displayed or reproduced, the owner of the picture holds the copyright. You sold it along with the picture. (As far as I know)

 

https://www.writersandartists.co.uk...sential-information/copyright-law-for-artists

 

I don’t believe that’s the case. @Low n slow has sold them a copy of his painting (he may be doing hundreds more in the shed). Unless the copyright has been explicitly transferred as part of the sale, he is still the copyright holder.

 

Look at my face, am I bothered

 

You look bothered that the croc wearer is holding you in the air

 

Well there you go, you live and learn