Interesting Question

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Posted by Kree from Gilded Lilies on May 12, 2001 at 16:36:57:

In reply to: samantha@eastonwest.co.uk posted by a question of ownership on May 11, 2001 at 09:34:36:

this is an interesting question that has come up in my business - as
someone once used a picture of henna that I did, on someone else's
foot to advertise their henna class. Mutual attorneys consulted and
there were issues of who belongs to what - the person who did the
henna, the person who received the henna and owned the photo, the
person whose design it was, or the photographer! The opposition
claimed that the owner of the photograph was the controlling factor,
a la tattoo pictures. The owner of the photograph did not give
permission for it to be used (it was clipped from a flyer) but did
not want to make a public issue of it; the situation was resolved
eventually by a rather lame public apology on the part of the
transgressors. Essentially it came down to who owned the photograph --
not whose design it was, although the apology was to me as the artist.
Legality is not necessarily courtesy, and I think it's best to give
everybody credit where credit is due, including the photographer!

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: this is an interesting question that has come up in my business - as : someone once used a picture of henna that I did, on someone else's : foot to advertise their henna class. Mutual attorneys consulted and : there were issues of who belongs to what - the person who did the : henna, the person who received the henna and owned the photo, the : person whose design it was, or the photographer! The opposition : claimed that the owner of the photograph was the controlling factor, : a la tattoo pictures. The owner of the photograph did not give : permission for it to be used (it was clipped from a flyer) but did : not want to make a public issue of it; the situation was resolved : eventually by a rather lame public apology on the part of the : transgressors. Essentially it came down to who owned the photograph -- : not whose design it was, although the apology was to me as the artist. : Legality is not necessarily courtesy, and I think it's best to give : everybody credit where credit is due, including the photographer!
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