Permission over photos not sure?

[JenTaz]

Silly questiong people but do other people need permision to use photos of my horse he's in the college prospectus and he has not been there neither have I for a year and i wasnt asked if they could use his photo, do i have the right to complain about this?

 

[gillianfleming]

Did they take the photo? If they did yes they can use it as they own the copyright, sorry

 

[JenTaz]

Yeah they took the photo but they never got my permission to even take the photo in the first place, looks like i have nothing to go on then

i just cant get over it i dont want my horse being associated with a place like that any more

 

[Snowysadude]

I dont think they do have a right to actually do they?? I though they need permission from whoever is in the photo surely?! Best thing to do is google photo copyright!

Could you ring the college and say you are not happy the photo is being used and ask them to remove it! The worst they can do is say no

 

[gillianfleming]

You could aproach them and ask them not to use it but if you are in a public place they don't have to ask your permision to take a photograph

 

[gillianfleming]

SS if you are in a public place they do not have to ask permision i'm afraid, copyright belongs to the person who took the photo

 

[LittleSoph]

No, if you do not want your photo to be used, you do have grounds to complain! They should use a model release form to get your permission to use your photograph.
If you google 'model release form' you will find lots of information on this.

Gillianfleming, no they don't have to have permission to take the photo, and yes they do own copyright, but they do have to have permission to publish the image or use it for advertising, etc.

 

[JenTaz]

the problem is it isnt me who is in the photo with him as he was on working livery to the college while i was a student as i couldnt afford him any other way but i still do not want his photo in it as the place may have a good reputation but it isnt all that great there

 

[gillianfleming]

LittleSoph i'm majorly confused by what your saying and i'm sorry i don't think thats correct.
In a public place you can take photographs of what you like, thats why people can take photos in parks, at events etc etc without having to approach everyone in them.
JT the best thing would be to speak to the college.

 

[JadeyyAndLadyy]

In my opinion, if they didnt have permission to even take the photo PLUS use it in a prospectus is stealing!!

 

[Donkeymad]

I'm with gillianfleming here.

 

[Twizzel]

Yep gillianfleming is right. If the person who took the image is part of the college (i.e. staff or a photographer hired by the college) they hold the copyright. If you are not directly in that photograph I don't think you have much say.

It gets a bit iffy and vague when children are used in photographs which are promoting a business- i.e. on a poster- then you need a model release form. Taking a photo of a child in the street doesn't require such form as long as it's not being used in your business.

This is a good document, outlines photographers' rights in the UK.
http://www.sirimo.co.uk/wp-content/uploads/2009/05/ukphotographersrights-v2.pdf


If the photo was taken on private property and the owners of the property don't want photos taken it must be a condition of entry i.e. upon entering the showground. A show is normally held on private property (a landowner or such) so unless it says at the gate no photographers allowed, people can take pics.

 

[LittleSoph]

Ooh, if you aren't in the photo I'm not entirely sure where you stand as he is your horse. I know if you are in it, you do have rights, but I'm not sure otherwise... it is a huge misconception that if you take a photo, you can do whatever you want with it! Yes, you can take a photo of whatever you like in a public place... but this doesn't necessarily mean you can publish it. It's really really complicated, but basically, it's to do with advertising, promotion of something, identification of the subject in the photo, associating the subject with whatever the photo is promoting and more...
I run a nationwide event photography company and we have had to do SO much research on this for our brochures and literature...

Taken from a document on my computer, if you want the real nitty gritty details... This might help...
'Whether it's photos of people, buildings, or other copyrighted or trademarked items, the key concept you need to always have at the front of your mind is "association." Does the person or thing in the photo imply he or it is an advocate or sponsor for an underlying idea or product. The stronger the implication of this kind of advocacy, the more likely that someone can draw an "association" between the photo subject and that product or idea. Hence, the stronger the need for a release.
You may have heard the term, "commercial use," and that model releases are necessary for all commercial uses. It is true that commercial uses of a photo are those where the picture of the subject (person or thing) implies an advocacy, like those you see in advertisements. But, you need to think beyond just that kind of advocacy. If the use of the photo implies that the person agrees with the underlying message or the person or company that paid for the use of the photo (like that of an advocate for a non-profit company), then a release is still required. For example, a publisher can't just place a photo of a person on a poster that says, "support your local hospital," just because this is not a "commercial use." The photo would imply an association between the subject of the photo and the user of it, and that's what triggers the need for a release.'

ETA: As you say, your horse is being 'associated' with the college, by being in the prospectus. It's an interesting situation. I'll be looking into it tomorrow and see if I can find out where you would stand.

 

[xxxloz123]

I dont know if they need permission or not, but mine was in our old college prospectus aswell if it makes you feel better

, they also used him on itv news once for a fire brigade practice...he ran away lol

 

[JenTaz]

Thanks everyone

ive been trying to google this for ages but cant seem to find anything that makes sense lol

LittleSoph thank you so much that makes a bit more sense

 

[EQUISCENE]

I buy the rights to publish a lot of photography for gift products and can confirm the copyright is the property of the photographer, not the venue,owner or subject. Model release is a bit of a grey area and doesn't affect my business as I do not publish people but I cannot imagine for one moment that the paparazzi ask for victims permission to sell their compromising pics!

There is lots of info on the web about photography copyrights do a google search, unfortunately I don't think it will give you the answer you are hoping for..

 

[LittleSoph]

Equiscene... if you see my post above, paps do not need model release as there is no 'association' with any products or promotion of any type. That's an entirely different type of publishing.

 

[Springback]

The other thing to add to the mix is that most competition entry forms include a paragraph about having your photo taken on the day and that you are basically giving your permission for those photos to be used.

However, there are property rights as well as model rights and if I take a photo of a building I normally need a form signed before I can use that photo for anything other than "editorial" purposes (e.g. newspaper, blog etc.). Certainly if you call this prospectus commercial use then you could argue that they should have a property release form from you to use it.

It's certainly worth making the point that they might have asked first!

 

[JenTaz]

i still have the problem that they took the photo while he was on working livery and i was a student, its not a ridden photo but is one taken in the stable, which they never got permision to take let alone use it in the prospectus, neither of us are there any more so i dont see why they used his photo for the 10/11 prospectus in the first place

thank you everyone for all the help im going to speak to a few more peolpe to see if i can get anything done about it but i doubt it as the prospectus has already been printed