VIC What are the Rights of Copyright for a Photographer?

[Barryblye]

Just wondering, what my rights are as a photographer?

My client is no longer using my services but will not remove my photos from her social media or website as she is claiming ownership of the photos. I thought as a photographer, I have 70 years copyright.

Is this correct and if so, what actions do I need to follow to have to remove all my photos ?

Many thanks.

 

[Rod]

If your client originally paid to use the photographs, what terms of use did you specify?

 

[Sophea]

Hi Barryblye,

You are correct in your belief that generally the owner of copyright in a photo is the photographer, however there are some exceptions to that rule:

If a photographer was paid by a client to take a photograph before 30 July 1998, the client is the owner of copyright in the photo unless there was an agreement to the contrary.

If a photographer was paid by a client to take a photo after 30 July 1998, the photographer owns copyright unless:
• it was agreed otherwise;
• the photo was for a “private or domestic purpose” (i.e. family portraits, weddings etc); or
• the person who took the photo was an employee doing their job - (in which case copyright goes to employer).

If in doubt however, look at the agreement you had with your client and see whether it states anything about who owns copyright.

What were the nature of the photographs? Were they taken especially for the client i.e. commissioned specifically by the client? Or were they simply photographs that you took and your client chose and purchased?