VIC Dating Website Based on Photography - Intellectual Property Law Issues?

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dylan82

Member
6 March 2017
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I am looking for information on registering a website that relates to dating apps but not of the same name.

My site is based around photography, and will be photographing people from these apps for new shots, to then use as before and afters, and to increase their match rates. Would this complicate things at all by posting a before picture from an app of this person (with consent), or would I be up for any sort of legal issues under intellectual property law by doing this?

I'm thinking not as the individuals are allowing me to but I wanted to check.

Thanks very much for any help.
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi Dylan,

I'm a bit slow, so you lost me. Is your intent to pull a photo from someone else's App. So let's say Joe Blow is on 'dateapp' - is it your intent to use the image Joe Blow has on 'dateapp' to use as a before photo on your app.

If so, I'm guessing yes you may find yourself breaching the terms and conditions the individual agrees to when signing up to 'dateapps'. Maybe I'm not understanding your concept correctly.
 

dylan82

Member
6 March 2017
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0
6
Hi Lance

So I am a photographer. My intent with consent of the person I'm photographing, is to use a before shot of theirs, from an app such as Tinder, up against an after shot of theirs that I have now photographed of them and place it onto my website. That's ok to do?

The other part I forgot to mention is, would I be able to use a name such as Tinder for my business name but as a 2 part one, such as tinderphotography.com which currently exists, but isn't associated with Tinder at all? Where is the line drawn here as to what's legal?

Thanks very much :)
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Dylan,

There shouldn't be a problem if you obtain the photo from the individual and not the app. I would have them sign a release to cover yourself. If you use another websites name you would be headed for trouble.

Their brand is what people use to link to the product and it would likely be considered a copyright breach, even if it's close but different "photinder". You wouldn't be able to do it without there express permission / partnership of the company in question.

There are lawyers skilled in the specifics that might be able to help, but please get some guidance before you fork out a lot of money on branding you can't use.
 

dylan82

Member
6 March 2017
3
0
6
Hi Dylan,
There shouldn't be a problem if you obtain the photo from the individual and not the app. I would have them sign a release to cover yourself. If you use another websites name you would be headed for trouble. Their brand it what people use to link to the product and it would likely be considered a copyright breach, even if it's close but different "photinder". You wouldn't be able to do it without there express permission / partnership of the company in question. There are lawyers skilled in the specifics that might be able to help, but please get some guidance before you fork out a lot of money on branding you can't use.

Thanks very much for your help. Appreciate it
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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The photos you lift from, say Tinder, or Facebook, or wherever, almost certainly do not belong to the person.
It's a usual T&C of using these sites/ apps that the user surrenders all rights (including copyright) in the images they upload.

So, the consent of your subjects is probably irrelevant, because they no longer own the pics you want to use for "before".
 
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Iamthelaw

Well-Known Member
13 September 2016
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I agree with @Tim W

This sounds like an IP minefield.

In regard to the naming of your business - This isn't a copyright issue - It's a Trade Mark issue as the essence of a trademark is to identify a unique product or service - Keep away from names including the app's other other companies trademark(s) ie, Tinder.
 
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