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I received an e-mail regarding use of an image on my personal Website.  This image is also available here, on one other agency site and is also available on two POD sites.
 
The image is of a classic car with a distinctive registration plate and the (current) owner of the car and plate appears upset that it is available for license ("it may have conflict [sic] with our investment and opportunity costs.").  Having done a quick Web search, it appears that the car in question is currently for sale.

 

I took the image when the car was on public display at an event at Portsmouth historic dockyard.  From the FAQs page of PHD:
 

Can I take photos during my visit?
During guided tours on HMS Victory it is not always possible to accommodate requests for photography during the tour because of time constraints but the guide will be able to advise you. However when visiting during free flow, photography is permissible except in certain areas which are highlighted on board. Flash photography is not permitted on HMS Victory and in the Mary Rose.

 

Although the above FAQ appears to relate only to tours on board ships, in view of the lack of other info, I take it that the dockyard is happy for visitors to take photos on the property as a whole during their visit and as such that these photos may be used for editorial purposes, including photos of events at which individuals or organisations may put their property on public display (and certainly in this case....) with reasonable expectation that someone is going to take a photo or two?

 

I have replied to the owner of the car stating that I do not have a property release and as such, the image is only available for licensing for editorial use, NOT for any commercial purpose.

 

The image has never been licensed or sold via POD sites, btw.

 

Do I stand my ground or just give in and remove the photo to avoid the hassle?  The suggestion appears to be that I would wish to pay him for use of the image ("If you have no release, we are prepared to discuss this matter rather than entertain litigation at this time.")

 

EDIT: Without mentioning the specific make/model in question, I do note that Dr K. :) has a photo of a similar car available for license here.

Edited by losdemas
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I'm not legally qualified but did they own the car when the photo was taken? If not, then perhaps legally they are not an interested party.

 

As you say by publicly displaying it there is a reasonable expectation that it will be photographed unless clearly explained at the time that it shouldn't be.

 

I would stand your ground if you are confident of being legally watertight. If you don't then it reinforces the idea in peoples minds they have rights which maybe they don't.

Edited by Armstrong
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I'm not legally qualified but did they own the car when the photo was taken? If not, then perhaps legally they are not an interested party.

 

As you say by publicly displaying it there is a reasonable expectation that it will be photographed unless clearly explained at the time that it shouldn't be.

 

I would stand your ground if you are confident of being legally watertight. If you don't then it reinforces the idea in peoples minds they have rights which maybe they don't.

 

That was something I had considered. The photo was taken about 4-5 years ago, so the owner at that time may well have been someone else.  I do believe that I am in the right, but - if need be - I am also prepared to let the image go as I really don't need the hassle right now (life's too short and all that).

 

Maybe I should suggest that he purchase a license?! ;):D

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I'm assuming you are in the UK.

Tell them it was taken lawfully in a place open to the public. There is very little they can do but threaten. They do not own any of the IP in the vehicle, design rights or trademarks and there is unlikely to be any copyright in a number plate.

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Have a look at this: http://www.epuk.org/resources/faq

 

There is some advice there which I think might help.

That's a superb list, great practical advice... I don't think I've read it before.

 

I did laugh at a few:

 

Is it legal to take pictures of girls feet with out them knowing?

Probably, but expect to spend a lot of time in the company of police officers who take a different view.

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Have a look at this: http://www.epuk.org/resources/faq

 

There is some advice there which I think might help.

That's a superb list, great practical advice... I don't think I've read it before.

 

I did laugh at a few:

 

Is it legal to take pictures of girls feet with out them knowing?

Probably, but expect to spend a lot of time in the company of police officers who take a different view.

 

 

 

Some people do have a fetish for girls feet..

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