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Tech Consumer Advice


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This is an awkward one this.


Jock1e
Resolved

Likes # 0

The question is this.

If you buy someone a fairly expensive camera [and what goes with it] to take photos to be added to your website.

Do the photos belong to you as you bought the camera or do they belong to the person taking the photo's.

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oresome

Likes # 0

If you buy someone a camera, the camera is then theirs isn't it?

It then follows that any photos taken are the camera owners, unless the photographer has been commissioned to take photos on behalf of a third party and the intellectual property rights have been agreed beforehand.

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interzone55

Likes # 1

They belong to the person who created the images, ie the photographer, unless the photographer has a contract of employment with the person requesting the images which stipulates that the employer retains copyright.

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Jock1e

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I thought that would be the case.He did keep the camera in case other photos were needed.

He offered his services free including doing the website for them.

Unfortunately he added another web address of his own to it which was not in the best taste of the website.

He removed it immediately but the damage had already been done.

So looks like they may be parting company.Hence the photo problem.

Every thing was free and he received no payment it was for a non profit making company.

The only question I can't answer properly is if they told him that he could keep the camera or whether it was on loan.I am sure that would not make any difference though.

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Forum Editor

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I'm surprised to learn that anyone would buy another person a 'fairly expensive camera' in exchange for designing a website without some kind of document being created, outlining the terms of the agreement.

The question of camera ownership isn't relevant to the copyright issue - that is automatically vested in the photographer, as the others have confirmed. Ownership of the camera is something they have to sort out between them.

Has the matter of copyright cropped up, or are you just gathering information, in case it does?

This man obviously isn't a professional photographer - if he was he wouldn't be doing deals to get a camera. He doesn't sound much like a professional site designer either if he published a link to an inappropriate site without prior permission. I'm asking because there may be a way the client can assert a copyright over the images. Tell me exactly what is going to happen - you've alluded to the fact that a parting of the ways is possible, is this a certainty, or just a possibility?

Presumably the site is now online - do the clients have access to the server files, and is the domain name registered to them or to him?

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Forum Editor

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Your thread should really be in Tech Consumer Advice, and at some point this evening I'll move it across. I'm giving advance notice in case other people wish to keep an eye on things - they'll know where to look if the thread suddenly vanishes from Speakers Corner.

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Jock1e

Likes # 0

Forum Editor

Has the matter of copyright cropped up.Yes. He has said under copyright rules they would not be able to reuse the photos that he put on the website.

He is not a professional photographer.I think it is a certainty that they will be parting company,

They are already in the process of changing and it should not be hard getting new photos.Basically it will be down to cost.

The site has been on line for some time and I know his name is on it somewhere as the web designer.

I will see if I can get another look at it and see what it actually says.

Unfortunately I cannot post the site details as most of the details are confidential So I have to watch what I say.

They now need to have a new web site probably with new photos.

Just had a look and the old site has already been pulled so cant find the details that you were looking for.

[This site is currently under construction and will be live very soon]

So looks like the new site will open shortly without the photos or maybe with new ones.

As the new site is now under construction it seems pointless carrying on with this thread.

Thanks all for your advice and feel free to add any comments that may be of help.

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