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 copyright? 
Donna
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Joined: 04 Sep 2009
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Location: UK
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im not sure if this is an appropriate question for this board sorry but i thought someone here might have the answer.

To cut a long story short my ex partner took a pic of me for a website he built me and ive always used it as my avvy everywhere, he's arguing this means he his the owner of the pic i was simply the 'model' and i shouldnt use it, even though it's not copyrighted he didnt pay me and it was part of the banner for MY site.

He says it's illegal and i have to delete all my pictures..can he really get me in legal trouble as he says?
im sorry if it's a petty sounding question but id really like to know where i stand.


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Bravo
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Joined: 11 Jun 2006
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Technically, the person who took the picture holds the copyright.

However, in practice, as it is you in the picture I'd tell him to go ahead and get a solicitor.  It would cost him a fortune and he'd more than likely get laughed out of court anyway.

Even so, you could wait until it's cost him a fortune (though he wouldn't bother tbh) and then just remove them.

He sounds like a very petty person, sounds like you're well shut of him Smile

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WeeBull
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Joined: 12 Jun 2006
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Copyright: everything made or written by someone, automatically has copyright and you cannot use it unless the author/artist says so.

This means, your ex partner does hold the copyright because he took the picture, and since you (probably) agreed with him taking it and putting it online, there's not much you can do. However, if you did not agree with him, he might be in a bit of trouble. But most likely you don't have anything written down about this with signatures and stuff so I think he's got a bit of an advantage.

Though, I do think this is just bullcrap, I mean, come on, it's about a small picture, why would you worry about that. It's not worth getting it into court. Like Bravo said, it'll just cost your ex a fortune.

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Bravo
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A photographer doesn't need anyones permission to use the photo either online or anywhere else.

That is with regard to UK law at least.  Except in the case of nudity, in which case permission is required.

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cheekysneeky
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if he built the website and originally put the photographs into it he did actually give you permission to use them. so therefore I'd say 'up yours!' to him.

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Bravo
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Actually I didn't even notice that he'd put it up on the web.

I'm not 100% on this but I think if something is posted up on the web, then copyright becomes a bit more confuzzled, something about being in the public domain or something like that.

If he's put it up on a website you own, then he certainly has no rights in this whatsoever and. as cheeky so eloquently puts it, you can say 'up yours'.

Tell him to crawl back under his rock.  Alternatively, just ignore him and his pathetic ramblings.



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