Activity 9: Moral Rights and Copyright in Photography (VC)

The objective of this activity is to develop an understanding of moral rights and copyright in regards to the photographic industry.

 Scenario 1:

Use of a photo on someone’s blog without giving me a credit for being the original photographer

To use someone’s photograph it is still publishing the photo online. And the photographer is entitled to moral rights, therefore he should be credited by the photo. Blog is followed by different people and therefore this is a published work. I would suggest to contact the author immediately with the reference to the Australian Copyright Council which states that when the work is published its author has the right to be attributed unless subject to any consent or reasonableness defence. Blog does not have to be set up for commercial purposes but the user should still respect moral rights of authors of photographs he is using.

Scenario 2:
Wedding photos shown on a display of a printing shop without my consent (photographer) and the owner of the shop is claiming that the couple shown on the photograph agreed for this photo to be on display.

When a photographer is commissioned to take any domestic photos (wedding, engagement, other events, portrait, etc.) then the customer owes the copyright unless it is stated otherwise in the Service Agreement signed between the photographer and his client. If the agreement gives any specific rules how displaying and publishing a photograph should be treated, then the customer might have breached the conditions agreed. If the agreement does not allow publishing without crediting the photographer, then I would ask the owner of the shop to add my name (name of my studio) on the photograph. There should always be a signed agreement with the client to avoid situations like this and have some documentation stating the rights of each party clearly.

Scenario 3:
Advertising photo being used for more than agreed purposes (on a tram, in international magazines)

In this third scenario the photographs made for a client are used for other purposes then agreed in a signed Service Agreement. This is definitely a breach of the law and I would immediately get in touch with my lawyer to initiate an investigation. Especially for commercial purposes there are strict rules clearly stated in a contract and governed by the law. After the investigation I would request that the layer contacts the company and start a mediation. If the company would not settle for some financial compensation and agreement to take the photographs off or pay for their future usage, this matter should be taken to the court.

For more information about COPYRIGHTS of not only photographs please visit the following website: http://www.copyright.org.au/find-an-answer/browse-by-what-you-do/photographers/