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Photo taken on publicly accessible private property - ownership?

  • 26-02-2019 6:31pm
    #1
    joeKel73
    Closed Accounts Posts: 3,689 ✭✭✭


    I had taken an architectural photo on the grounds of a shopping centre years ago. It was shared/hosted online on my Flickr account. I recently found that the shopping centre is using my photo at the background for promotion material and has done so on several other occasions over the years.

    In this scenario I would normally contact the business and invoice them the upper range of the going rate for using the photo and ask for it to be paid to charity (with proof or receipt). I'm not a professional photographer but I know allowing companies to use photos for free makes it difficult for those trying to make a livelihood from it.

    But if the photo was taken on private property, although open to the public, do they have any rights of ownership over the image? There was no signage etc. about needing permission to take photos.


Comments

  • #2
    CabanSail
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 9,047 CMod ✭✭✭✭CabanSail


    The Copyright is yours. They could have stopped you taking the image at the time but that does not affect the ownership of the image.

    Do you have proof you took the original image? This is where a RAW file is very handy.

    Do you have proof that the image has been used on the various occasions?

    What resolution was the image on Flickr?


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