Tesco, Devon Farmer challenges use of his picture.
- Thread starter llamedos
- Start date
Steevo
Member
- Location
- Gloucestershire
I think they could do better than £1k to charity. This publicity alone would have cost then £10k!
HolzKopf
Member
- Location
- Kent&Snuffit
Perhaps only he would know that that photo was of him? £1000 for a charity is useful though - especially on April 1st 
Steevo
Member
- Location
- Gloucestershire
especially on April 1st
Is Kent ahead of the rest of the UK? I could have sworn we had until Saturday....
Different time zone down there
Only if consent has been given?
twizzel
Member
Depends if a model release form was signed when the photo was taken and what the terms were. It seems the photo came from a stock agency rather than being sent direct by the photographer which could have confused things even more. Ultimately the photographer owns the copyright and has final say in how the photograph is used (which I imagine if Getty supplied it then it was all legit and paid for to the photographer) but if the image was sold to Tesco the model should have really been notified if they weren't aware the image was consented to be used commercially or outside the realms of the original photoshoot's brief. So £1000 for the model is probably a token amount to hush things, I shouldn't think he is entitled much more. I'm a professional photographer and copyright law/taking photos of people is very confusing- I do stand to be corrected though as it seems this isn't a clear cut case and I expect there's more to it.
Storeman
Member
- Location
- South East Englandshire
Any photo used for commercial purposes needs the consent of the copyright holder for it to be used. The copyright holder will be the photographer, unless he is being employed to take photos, in which case the employer paying him will own the copyright. This will all be stated in the contract.
Also required, will be consent from any indentifiable person in the photo and also consent from the owner of any third party property that appears in the photo.
The above changes if the photo is being reproduced for non-commercial use, for example, editorial content.
As mentioned above, the law regarding copyright/IP gets very complicated and confusing.
Also required, will be consent from any indentifiable person in the photo and also consent from the owner of any third party property that appears in the photo.
The above changes if the photo is being reproduced for non-commercial use, for example, editorial content.
As mentioned above, the law regarding copyright/IP gets very complicated and confusing.
HolzKopf
Member
- Location
- Kent&Snuffit
Sorry, I thought the post had been uploaded a few days too early
. Nice bunch of carrots though - must be past their sell-by by now, some 10 years on....betweenthelines
Member
- Location
- southwest
Several years ago, I gave up a farm tenancy after falling out with my relatives & I ended up working for the local council Parks Dept. A Photography agency wanted to take pictures of some of us to use in an ad campaign for farm machinery. Despite being the only one among 50+ people who had ever driven a tractor or milked a cow, they turned me down as I "didn't look like a farmer"
Obviously too good looking!
Obviously too good looking!