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Any Photographers with knowledge in copyright of a photo on here

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fredhickIconAny Photographers with knowledge in copyright of a photo on here30-11-2012 @ 22:15 
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Basically a photo that was taken of me to be used for a friend has been published in a magazine without my consent. Does anyone have any information on what rights I have. To my knowledge he cannot publish it because it violates my right of publicity. Does anyone have any insight?
fredhickIcon...30-11-2012 @ 22:16 
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I never signed a release of the photos either
MarkIcon...30-11-2012 @ 22:18 
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Who took the photo, who published it and where did the publisher get it from?
fredhickIcon...30-11-2012 @ 22:19 
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A photographer called Simon Howard took the photo, its published in Muscle and Fitness this month
fredhickIcon...30-11-2012 @ 22:19 
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He got it from a shoot that I did for my friends book.
MarkIcon...30-11-2012 @ 22:23 
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Did he give it to them to publish?
Does it mention you or credit him?

Silly question as you are asking- do you really mind that you are in the mag?
jtIcon...30-11-2012 @ 22:24 
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i thought it was going to be gay timesWink
fredhickIcon...30-11-2012 @ 22:27 
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He sold it to the mag, I know that because the editor of Muscle and Fitness told me. The photos credit him and don't mention my name whatsoever. I do mind as

1. it is promoting another Personal Trainers article (I own my own Personal Training business)
2. If he is getting paid then I wanna be paid
3. I don't like the guy.
MarkIcon...30-11-2012 @ 22:28 
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Post Edited: 30.11.2012 @ 22:31 PM by Mark
Generally what it comes down to is the 'tog owns the rights to the photo unless agrees otherwise.
The copyright owner can do as they wish. So if you had the copyright assigned to you or your friend then the person passing it to be published should be asking for use of the photo.

Most magazines these days will check copyright of photos before publishing them. If the bloke took the photo and sold it on then there isn't much you can do unless you have proof that ownership was passed on to you/your friend.


Another example of this is a picture was taken at a comp of my boy, the tog is now selling the photo online. I have no rights to it, neither does my boy, unless I pay for unrestricted usage rights from the tog.
SteveIcon...30-11-2012 @ 22:31 
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fredhick said:Basically a photo that was taken of me to be used for a friend has been published in a magazine without my consent. Does anyone have any information on what rights I have. To my knowledge he cannot publish it because it violates my right of publicity. Does anyone have any insight?


I don't think we have any real fight to privacy in the UK

Did you have ny kind of contract with the photographer as to what the photos were for?
fredhickIcon...30-11-2012 @ 22:31 
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Nothing was ever signed, this is what I have read is it correct and does it apply to this situation

The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example, as follows: An advertiser wishes to use a photograph for a print advertisement. The advertiser approaches the photographer, who holds the copyright in the photograph, and negotiates a license to use the photograph. The advertiser also is required to determine the relationship between the photographer and the subject of the photograph. If no formal relationship (e.g., a release form signed by the subject) exists that permits the photographer to license the use of the photograph for all uses or otherwise waives the subject's, sitter's or model's rights, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy and publicity rights in the use of their likeness. The privacy right or interest of the subject is personal in character, that the subject and his/her likeness not be cast before the public eye without his/her consent, the right to be left alone. The publicity right of the subject is that their image may not be commercially exploited without his/her consent and potentially compensation.
MarkIcon...30-11-2012 @ 22:39 
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It looks like for pictures with people that you can protect yourself a little bit, however protection seems to be from offensive or defamatory use of a picture.
Model release forms can be used for people in pictures, however I can't see anything on the copyright services website that says its strict usage is needed.

Have you spoken to the tog about it?
fredhickIcon...30-11-2012 @ 22:41 
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Freddie Hick

I have noticed that there is a photo of me in Muscle and Fitness magazine. Why was I not consulted before the image was released?

18:43
Snhfoto

apologies you werent consulted first, I always forward any good shots to places for consideration, let me no if you dont want any of your shots used in the future,
hope you are well
S

21:17
Freddie Hick

I have been made aware that Muscle and Fitness have purchased the photo off you. During the shoot we had this was never something that we had discussed. How much was the photo sold to Muscle and Fitness for?

21:33
Snhfoto

as per my previous email,
as I retain the copyright to all my images I submit them to relevant companies for publishcation,
let me know what the problem is, and I will do my best to resolve it for you? do you still have my number?
fongIcon...30-11-2012 @ 22:46 
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Post Edited: 30.11.2012 @ 22:47 PM by fong
he seems willing to resolve in that convo, or at least to chat further.
fredhickIcon...30-11-2012 @ 22:47 
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I want to get all the information that I can before I proceed

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