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Dragon_05
03-04-2006, 03:33 PM
:confused: Thought Photo Album would be the best place to put this can someone tell me the answer to the following
ok lets say you go to an event and take a few photo's of things you like eg.. motor cross as you have a website made on moto cross and the different styles etc... so you took these photo's put them up on your site.
Then you get an email months later from one of the people who owns/rides one of the bikes on your site saying that the bike belongs to them not the person riding it and they want you to take it off your site as they have photo's of it on their clubs website which were also taken without the owner/riders permission and let say there is a photo next to theirs and that bike belongs to their mate so they tell you to take that one off to unless you have permission.

So with you being the actural photographer of the photo's you have used on your site they are not taken from another site what are your rights?????

dugy
03-04-2006, 03:53 PM
Sounds like a qn for DjNitrous.

But you got me curious so I googled and go the following:

http://www.overclockers.com.au/wiki/Your_r...ake_photographs (http://www.overclockers.com.au/wiki/Your_right_to_take_photographs)

http://www.caslon.com.au/photonote1.htm

http://www.photosecrets.com/p14.html

http://www.pictureaustralia.org/c_right.html

Unless you really like the pic....(whislt you don't have to remove it)
If they've been polite about it, just remove it, so ppl have strange neurosies, no need for agro.
If they've been a turd, have the thumbnail link to a pic of a turkey, baby, etc, you get the idea.

xavo
03-04-2006, 08:53 PM
yeah dude i think that you should take the photos of there are people in this world who dont appreacate their face all over the net
like dugy said if they asked nice

Hired_goon
03-04-2006, 09:16 PM
Give us all the link before you remove it so we can get some photoshop happening first. :laugh: :laugh:

Dragon_05
03-04-2006, 11:21 PM
Ok first thing is the persons face can't bee seen in either of the photo's as they are standing side on in one pic and shaded by a hat in the other pic they are behing the oject I was taking a photo of.

Oh and they didn't ask me nicely but rather rudely to remove the photo.
But thanks for your help....

Bulbous
03-04-2006, 11:28 PM
tell em to sod off, your photo, you can do what you like..... and if they were rude about it, i would tell em to shove it up their starfish.....

Dingo
03-04-2006, 11:31 PM
Really need DJNs input .... :whistle:

Id like to know the answer to this myself, if you take a photo of a copyrighted sponsors logo and decals on a motorcross bike is that then a breach of copyright to publish that photo?

Does it come under the right of privacy of the individual .... probably, but if the guys being an ass I like dugys suggestions :wink:, keep the links tasteful and light and humorous though :whistling:

cruisinflatout
04-04-2006, 05:49 AM
I'd tell them to piss off myself - that's just uncalled for. Especially when you're the one who took the photo - I don't see an infringement of copyrights when you took the pic.

DRKSIDE
04-04-2006, 09:43 AM
When i used to do freestyle mx i had a few mates that i took photos of (who were much better than me) and i put them up on my website (about freestyle mx). Got a visit one day after one of my mates got sponsored and he asked me to take the photos off the website cos his new sponser said i was infringing on THEIR new copyright. Being a 17 year old, i didn't know what else to do besides take them down. After all, i didn't want my mate losing his sponser just because i didn't take some VERY amatuer shots off the net.

I also went to a freestlye mx comp at the Bunbury Speedway a few years ago and was not allowed to take in my video camera cos it was considered a breach of copyright. After the heffer :sick: at the front gate left i just walked straight through with the vid-cam and got some amazing footage of my mate Townie casing it over this huge ramp jump. It was the first jump of the nite and he got taken off in the back of the ambulance :down:

djnitrous
04-04-2006, 10:42 AM
A photograph is protected by copyright automatically from the moment it is taken.

Owners of copyright in photographs have the exclusive right to:
Publish the photograph (make copies of the photographs available to the public for the first time)

For more detailed ref check these sites:

Photographers:
http://www.copyright.org.au/specialinterest/G011.pdf

Photographs: copying photographs you paid for:
http://www.copyright.org.au/specialinterest/G035.pdf

Dragon_05
04-04-2006, 03:21 PM
Thanks for those links will have to have a read when get home from work.

sathid
04-04-2006, 03:31 PM
The guy doesn't own a copyright on his bike, so unless there is a logo or something he owns the rights to I cant see he has a leg to stand on.

I would expect that if someone has put something up on display (eg: a logo for sponsorship) on a bike, in full public view, then taking a photo of it wouldn't violate copyright as it was the owners intention for as many people to see it as possible, and you are not specifically replicating it (otherwise, could you legally take a photo of your bikes logos?). Might be a different story if you were posting it on a pr0n site or something that might clash with thier values, but I doubt it on a website about motorcross .
could be totally wrong tho
:P
perhaps send him a nice email asking under what specific grounds are you required to remove the photo.

dugy
04-04-2006, 03:55 PM
A sponsor that doesn't want too much exposure.....wonders never cease.

Who are they? Post the pic.


Or was he riding like sh*t and the sponsor didn't want that association.

Kinda like if every pic on a trackday website was of Kawasaki's crashing.
Or bikes with Pilot Powers on going down.

They might get upset too.

:wink:

TurboR1
04-04-2006, 05:02 PM
I've quite a few photos that I'm sure if I put up on the internet there would be some laws that I would be breaking... not just copy rights either :whistling:

Machast
05-04-2006, 08:37 PM
I would say only if they had specified no cameras at the event would you be obliged to remove the pic. Otherwise, I would just ignore & delete the email. Carry on as normal. If they persist tell em to get stuffed, they should have specified no cameras if they didn't want their bike on the net, cos that's what happens to 99% of photos these days.

dugy
05-04-2006, 08:42 PM
I've quite a few photos that I'm sure if I put up on the internet there would be some laws that I would be breaking... not just copy rights either :whistling:
[/b]

None of the pic's are bike related either. :blink:

Dragon_05
05-04-2006, 10:04 PM
The photo's I took are not of bikes I was using that as an example which is why I said (lets say you go to an event and take a few photo's of things you like eg.. motor cross as you have a website made on moto cross)

But all I wanted was to kind of get my point across so I could find out my rights etc... with taking photo's.

djnitrous
06-04-2006, 11:39 PM
None of the pic's are bike related either. :blink:
[/b]

I know you was taking pictures of my sister last week, she better not find them on the internet!

kombisaurus
12-04-2006, 01:19 PM
Hey Dragon_05,

Here is the best resource I know of regarding Australian law as it relates to photographer's (and the public's) rights.

http://4020.net/unposed/photorights.shtml

It is an excellent read for anyone with questions on this topic, and not full of legal jargon either. It blows away a number of myths that seem to circulate the web regarding the use and taking of photos.

As for the guy in your particular case, I would suggest pointing him to the PDF summary document contained at the end of that article above. It explains in a clear and balanced way what the rights are of the photographer and subject, and on what grounds he might be able to object to your photo(s) of his bike. With luck he might read that, calm down a bit, and then you can discuss what to do about the photo sensibly instead of it being full of aggro. I'm sure that like most people, you tend to be more likely to help out people who ask nicely instead of those who make demands (especially if they have no legal rights to make such demands). You might end up with a solution that you both feel OK with (ie he asks you nicely instead of making demands, and you feel happy about removing the photos).

Here's a link to that summary document. Its worth printing out and keeping tucked away in your camera bag somewhere.

http://4020.net/unposed/rightssummary/nswphotorights.zip

At the end of the day its more about common sense and respect for others than the letter of law though. Even though you probably have every right to keep the photos posted, I would try to be reasonable when listening to him - but also try to get him to be reasonable as well.

Cheers
Adrian