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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We fit Kitchens and refurbish properties. We have 2 ex sub

Resolved Question:

We fit Kitchens and refurbish properties. We have 2 ex sub contractors who have set up a company of their own and are using photos of some of our clients on their web site .The client has only given authority for uas yo use the photos . Where do we stand legally on asking them to remove them from their web site.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello who actually took the photos in question?
Customer: replied 8 months ago.
Not sure if it was them or us
Customer: replied 8 months ago.
We already have them on our website and we were the contractor contracted to do the work for the customer
Expert:  Ben Jones replied 8 months ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. When you say you are not sure if it was them or us do you mean them as in the sub contractors?
Customer: replied 8 months ago.
yes
Expert:  Ben Jones replied 8 months ago.
Ok this is really a matter of copyright because the right of use of the photos will depend on who the copyright owner is. When it comes to photographs, these would belong to the person who took the photos – they automatically are the copyright owner. This means that they have the authority to use the photos as they wish. There are circumstances when the copyright could be transferred under a contractual agreement, such as an employment contract which states that any copyright created in the course of their employment will vest with the employer. So there are two possible options here – one is that you took the photos, in which case you are the copyright owner and have the right to ask them to stop using these photos because they do not have your permission to do so. The other is that they took the photos, in which case they will be the copyright owners and they will have the right to use the photos as they want. You then need to check the contracts they had with you to see if you had a clause which automatically transferred such copyright to you as a result of the photos having been taken during the course of their employment or in connection with their work. This is your basic legal position. I have more detailed advice for you in terms of the options you have if they do not hold the copyright, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 8 months ago.
What if the person whose house it was did not give them permission to use photos of his private property as he did to us?
Expert:  Ben Jones replied 8 months ago.
only the property owner can try and pursue this further in the circumstances, you can't, so if you can get the property owner on your side to make such a request. Even then, they cannot physically force them to remove the photos -they could easily refuse in which case only a court can order their removal
Expert:  Ben Jones replied 8 months ago.
Does this clarify?
Customer: replied 8 months ago.
Thanks
Expert:  Ben Jones replied 8 months ago.
You are welcome, If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45310
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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