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Ben Jones
Ben Jones, UK Lawyer
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An artist used a photograph in an exhibition as part

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An artist used a photograph in an exhibition as part of a collage which did not belong to the artist. the photographer owns the copyright. the artist is also selling the collage in the exhibition. both are in the UK. please advise!
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would have the photographer charged for the use of the photo? Also is this a one off collage or is it in mass circulation?
Customer: replied 2 years ago.

between 1-5k depending on the usage. there was a series of collages from this artist but only 1 is using the photographers image.

the exposure of this image has been rather big and possibly detrimental to the photographers career given the context of the collage.

The photographer can make a claim under copyright laws for the unauthorised use of their image. As the original creator of the photo, they would have automatic copyright over it and if this was used by someone else, without authorisation, they can consider a claim for damages. As a starting point the photographer would be looking for compensation for the loss of business they have suffered as a result of the breach. In this context this would be the licence fee they would have charged to grant usage rights to the image. You have said it is between £1k-5k so they wold need to determine what an appropriate and reasonable fee would have been in this case. In addition something known as account of profit can be pursued, which is a requirement for the infringing party to forward any profits they have made as a result of the breach, so for example the sales generated using this image. Detriment to career is going to be more difficult to pursue because that may be a more hypothetical claim and determining the level of damage can be quite hard so lesser of a guarantee that a court will rule on that. They could ask for delivering up of infringing materials to reduce any potential adverse effects rather that award compensation. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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