Fresh Dew on a Rose

by adarsha joisa

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4

Like pretty much any legal question, this depends of course on the jurisdiction. In many European countries, the photographer would be violating your rights by publishing pictures of you without your consent (Droit à l'image, Bildnisrecht). However, in the common law legal tradition of the UK and the USA, these rights are generally not recognized.


0

As chuqui has noted, you probably have no legal recourse in this situation; as you're discovering, a contract is just as much to protect you as it is to protect the photographer. However, that doesn't mean that you can't come to some kind of compromise with the photographer which fits both your desire to keep the photos private and her desire to advertise ...


4

She took the photos. She owns them. She gave you a copy of them, but they're still her photos. If she were to use them for commercial purposes (your image in advertising) you might have more of a lever to stop her, but basically, she can do this. Whether she should over your objections is an ethical but not a legal question. This is why things like this ...


1

When creating a photograph of a 3-dimensional object, you are not at risk for violating the copyrights that rest on that object. This is primarily, because you are not creating an actual copy of the object, but merely a 2-dimensional representation of it. Having the photograph of a backpack does not give you an item with the identical function of a backpack ...


1

You can look at the policies of stock and micro stock houses here as a guide. In general for products or companies, any visible identifying logo makes the image unusable for stock. (with people, you need a model release for commercial work). So it's fairly safe to take a picture of something if its not identifiable to a brand or a specific item. Usage ...


1

IANAL* - this is an engineer's opinion. If the product is not readily discernible as being of a particular brand you MAY be OK. In most cases I'd expect that there would be no problems. You asked however re "any chances", and I'd expect there may be a small chance of problems in two possible areas. There may be some attribute that very clearly brands ...


0

There are a lot you can do right now: Do nothing (yes, that's option) Request attribution. Take the issue public. Ask for a usage fee (this may work if the other party is a company). Send a cease & desist letter. Issue a DMCA takedown notice. File a Small-claims suite. Sue the other party in federal court. Delegate legal issues to other party. And ...


2

Is modifying a photo to educate generally fair use? In general, no. For example, if I made copies of your photos and used them as part of an educational course in which I charge students, even if I modified the photos to add arrows that identify relevant elements, you might argue that my modified versions of your photos were derivative works not ...


0

Matt has a good sense of the legal argument, but I think there's an ethical argument as well: barring an explicit legal contract spelling out the rights you have permission to, you might have the legal ability to use an image, but the photographer's wishes should have strong influence on whether you should use it. Maybe you can use it legally, but if the ...


12

This seems likely to qualify as fair use, by several of the four factors used as tests. "The purpose and character of your use" — educational and as part of commentary on educational article "the nature of the copyrighted work" — the work itself was used as an educational illustration and you're extending that "the amount and substantiality of the portion ...


23

Polaroid applied for a design mark apparently covering the shape of their prints, but that application was abandoned in 2000. That shape is distinctive, but, for example, Fujifilm Instax looks similar — not to mention Impossible Project film, which is actually made in a former Polaroid factory. You're not using the Polaroid name, which does have a valid ...


2

A piece of photo paper X x Y millimeters with uneven margins cannot be trademarked. Do not mention the word "Polaroid" in print anywhere, do not use the company logo, and don't bother printing the black square on the back of the picture and you'll be fine.



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