Peter,

"Mr. X" is a complete retard. Just as (for example), Bruce Boxleitner and
Claudia Christian were the principle actors in BABYLON 5, it's still
BABYLONIAN PRODUCTIONS, INC. and WARNER BROS who own the copyright on the
work. Too esoteric? Okay, slip-slide back down to earth. Look through your
local newspaper or some newsmagazines. In some cases, the photos will be
shown as copyright by the name of the publication, in others, they will be
copyright by the photographer.

Still a little too vague? Okay, moving right to the situation at hand... Mr.
X allowed the images to be taken. He knew they were being taken and
(possibly) for what purpose. BUT, and this is the kicker, unless he BUYS the
photographs from the photographers, he has NO LEG TO STAND ON. He gave
permission for his product to be photographed. Did he or the photographers
sign any kind of statement? Did any money or barter exchange hands for the
images? He and his models maybe be the subject of a picture, but that does
not make him the owner of the picture, and without being the owner, he
cannot hold copyright.

Regarding whether Mr. X should exhibit his things if he doesn't want them
photographed, that's his choice, and he can make that call. He should have
small but visible signs made up and placed around his exhibit indicating
that photography or videography of any sort is prohibited (won't stop some
people, just the honest ones), and that he's got a selection of
professionally produced photographs for sale (which he should if he bans
photography). Of course, without knowing EXACTLY what the point of the
exhibit is, it may be smarter and far cheaper for him to just grow up and
allow people to take pictures and videos as they have been, and asking that
if the images are published, that he get proper credit as the subject, as it
seems things have been going so far.

Just my 2c,
Kehvan


----- Original Message -----
From: <Reywob(at)aol.com>
To: <hwg-graphics(at)hwg.org>
Sent: Saturday, May 26, 2001 03:29
Subject: Copyright


| Hi,
|
| When not doing web design I do a lot of model making, and attend many
model
| exhibitions.  Recently someone, who I will refer to as Mr X, has been
kicking
| up a fuss about people taking photographs of his models he is exhibiting,
and
| then publishing them on their websites - crediting the model to him but
| copyrighting the photographs to themselves.  He believes that as it is his
| model shown, he should own the copyright of the photographs.
|
| I always thought that the photographer owned the copyright to the photos,
and
| so far my response has been that if Mr X doesn't like people taking photos
of
| his models then he shouldn't exhibit them.  Is this correct?  He has
| currently banned people from taking photographs or videoing his layout,
but
| still wants the photographs removed.  What is the legal position?
|
| Any advice gratefully received!
| Thanks,
| Peter.
|

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