I was doing a TVC and a photographer on set shot some images of me during filming. He was contracted to shoot behind the scenes footage for the ad agency during the filming of the commercial. I was unaware he was doing this. I hadnt signed a model release form and the images were then used in a global campaign without my knowledge. Am I correct in filing a law suit against the client for using my image commercially? Do you think they woukd have any defence on this claim of image rights? Many thanks for your input.
Every country and jurisdiction has different laws governing copyright. I'm not a lawyer so I can't give you any advice on filing a lawsuit in this instance. It would be best for you to speak to a local lawyer. Normally you can call a law firm and explain this situation, if they think you have a case, they will advise you further on how to proceed. Sorry I can't help more.
I have a question, I thought onec the shot is taken it automatically gives the photographer to use the photo in his discretion. But - without a release form, the model is just as much entitled to copyright claim as the photographer- Marty could you please provide a reference for this point (chapter /para from Australian Copyright law) . Thank you
In Australia, copyright does not automatically go to the photographer. There are some instances where the copyright owner is someone other than the photographer. A release form simply removes any ambiguity about who the copyright owner is. The copyright act is over 500 pages and I am not a lawyer so I can't provide you with a reference within the act however here is an extract from the Australian Copyright Council pdf "if more than one person is involved in the creation of copyright material, or the material is created under an agreement or by commission, it is a good idea to have a written agreement stating who will own copyright." "For photos taken on or after 30 July 1998, the general rule on ownership depends on the purpose for which the photographs were taken: • if the photos were taken for “private or domestic purposes” (such as family portraits, or wedding photos), the first owner of copyright in them is the client, unless the photographer and client agree otherwise; however • if they were taken for any other purpose (e.g. commercial shots), the photographer will be the first owner of copyright, unless the photographer and client agree otherwise." The full document can be found here www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographers___Copyright.aspx Hope this helps
I was doing a TVC and a photographer on set shot some images of me during filming. He was contracted to shoot behind the scenes footage for the ad agency during the filming of the commercial. I was unaware he was doing this. I hadnt signed a model release form and the images were then used in a global campaign without my knowledge. Am I correct in filing a law suit against the client for using my image commercially? Do you think they woukd have any defence on this claim of image rights? Many thanks for your input.
Every country and jurisdiction has different laws governing copyright. I'm not a lawyer so I can't give you any advice on filing a lawsuit in this instance. It would be best for you to speak to a local lawyer. Normally you can call a law firm and explain this situation, if they think you have a case, they will advise you further on how to proceed.
Sorry I can't help more.
I have a question, I thought onec the shot is taken it automatically gives the photographer to use the photo in his discretion. But - without a release form, the model is just as much entitled to copyright claim as the photographer- Marty could you please provide a reference for this point (chapter /para from Australian Copyright law) . Thank you
In Australia, copyright does not automatically go to the photographer. There are some instances where the copyright owner is someone other than the photographer. A release form simply removes any ambiguity about who the copyright owner is.
The copyright act is over 500 pages and I am not a lawyer so I can't provide you with a reference within the act however here is an extract from the Australian Copyright Council pdf
"if more than one person is involved in the creation of copyright material, or the material is created under an agreement or by commission, it is a good idea to have a written agreement stating who will own copyright."
"For photos taken on or after 30 July 1998, the general rule on ownership depends on the purpose for which the photographs were taken:
• if the photos were taken for “private or domestic purposes” (such as family portraits, or wedding photos), the first owner of copyright in them is the client, unless the photographer and client agree otherwise; however
• if they were taken for any other purpose (e.g. commercial shots), the photographer will be the first owner of copyright, unless the photographer and client agree otherwise."
The full document can be found here www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographers___Copyright.aspx
Hope this helps