If I have an A&S item, say a pouch
and have presented it to the populace during an official SCA event
and someone is taking a picture of it
and wants to publish the picture of the object
on a SCA website …
does he need my written and signed permission to publish a photo which he took of an object without any other persons on the photo ?
everything I could find so far is this
but maybe others have more knowledge?
4 Gedanken zu „web publication question“
for the love of..!
Nor do I, as ID Chronicler, need permission before sticking photographs of people taken at events on the cover of the Baelfyr. If I did, I would have gotten in trouble loooong before now.
He needs permission of the photographer, because that’s who’s art it is.
He needs to say or at leaast imply that it isn’t an object he made.
Wanting to do more than that is, frankly, bizzare, paranoid, and ridiculous.
If you don’t want your object on his website, you then issue a cease and desist order. Or you make him sign something before letting him take the picutre, saying what his reproduction rights are.
Remember: I own the copyrite of the photo I take, even if it’s a photo of a Rembrant or something. that’s why the Brittish Library’s „no fee for reporducing immages“ thing is so cool.
thanks for your answers so far!
the thing is that on the Kingdom webpages shall occur a showcase/gallery of the items which were entered at the A&S competitions. Lady Fiona took fotos of the items. Then she asked me per eMial, if I would want to see my AS entry (clay dolls) in this gallery.
I said yes to it – sure, why not? It’s a very good idea!
Then she asked me to send her a written confirmation to her private adress, that the foto can be published on the SCA website (well, the standard publishing confirmation of the chroniclers page, that is).
And I denied. I refuse to support bureaucracy more then necessary. If she took the foto, she owns the right for it, that’s how I see it. Just wanted to hear other peoples opinions or if I did miss something.
The way I understand things is basically, the person who took the picture own the image and not the object on the image.
Now if he’s publishing it in a way that suggests he is also the author of the object in question, that’s basically a false claim. You can probably just get in touch with him to ask to give you credit for the object. If he refuses, there’s probably procedures you can go through but they’re beyond my knowledge.
A look to it from copyright perspective
By most European copyright implementations he has a right to publish the photo. The photo would be understood as its own, copyrightable „work of art“ and thus the copyright of the photographer. This is especially true if the framing of picture is even a bit artistic.
Most likely the A&S item is not such copyrightable „work of art“ that it would be considered by this law. The case would need more consideration if your pouch had original embroidery or application on it, but most often the designs our utilitarian items, such as pouches, are decorated with are copies of period designs and thus have a very limited copyright to them.
In summary. By your example of the pouch, he most likely could. If he asked you about it, he’d be doing well, but most certainly he wouldn’t need such a legal document that you’re asking about.
Did somebody do a nasty to you or is somebody being overpolite?
Dubhghall, flexing the legalese muscles