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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47915
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A photographer asked for permission to use a picture he had

Resolved Question:

A photographer asked for permission to use a picture he had taken of my dog for his commercial logo, he also offered the image free of charge if I were to agree. 18 months later he still hasn't provided the image yet continues to use the protgraph as his logo. Is there anything I can do?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?

Customer: I would just like to know where I stand in this position so as to try and achieve a suitable outcome. I guess that would be either he provides the image as
Customer: offered or remove my dogs picture from his logo. It is his photo but it's my dog! How do I stand please?
Ben Jones :

As the person who took the photograph, he would automatically owe the copyright over it. Had the photo been of you, then you could have argued that by not having your consent to use it (something you could have withdrawn after he refused to provide a copy as agreed), he is breaching data protection regulations. However, the issue is that this is a photo of a dog, which in law is simply considered an object and does not have a ‘personality’ as such that you can lay claim over. It is the same as having photographed a table or a chair in your house – it is just an object that you cannot prevent them from using in their work.


 


All you can pursue him for is the value of the image that you were promised, whatever that may be in the current market and industry. Whether you go as far as court to pursue that though is another matter, it may not actually be worth it for the amount you want from him.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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Expert:  Ben Jones replied 3 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you