legal advice needed

[tele]

newbie and new member so HELLO

I've been referred over to this forum from another forum in regards to a recent problem I encountered and now trying to deal with. I have no experience in this arena so I'm freaking out a little.

Basically, I just started doing some projections (with live music) and in there is a photograph I took with someone else's work in it. The artist saw this and is now asking whether I had permission etc. I don't know how to handle the situation.

Any advice appreciated. Thanks!!!

[sleepytom]

was his work displayed somewhere where you were allowed to take photos? if so then he has no right to complain. If it was displayed in private and you took a sneeky picture then you should say sorry and stop using it.

If he is still annoyed you could maybe suggest an exchange where you talke some photos for his website / portfollio or whatever and get to use some photos of his work for your projections. Suggesting that you'll credit him on your website is also a good idea.

[vdmoKstaTi]

Why type of work was it? The one you took the photo of?
Actually, tell us the full story. How it happened, where it happened, what did you do with the photos in question and if they are displayed somewhere and under what conditions.

[tele]

ok here's the low down.
it's basically that I made a slideshow with my photography which I projected with live music (i've only done it once in a public venue - and a second time tomorrow - come by if u can!).
I made this slideshow as my final project at uni. I think I was a little naive to just take it out of the educational context. I really didn't think it would reach anyone or catch anyone's eye... but there you go.
I don't even really know what he can claim on legal grounds... it's a free event. no money.

I took the pic in an exhibition but other ppl were taking pics too so I don't believe it was a sneaky snap.

[sleepytom]

if you were legally allowed to take the photo then the photo is yours and you can do what you like with it.

[ender]

I don't know if photography in a gallery even if there no notice prohibiting it would be considered a public space. The issue of commercial use of the image also comes into play.

Bit of a grey area really.

Excellent summery of the issues here.

http://www.wipo.int/sme/en/documents/ip_photography.htm

[vj_jasper]

Originally Posted by tele

I don't even really know what he can claim on legal grounds... it's a free event. no money.

I took the pic in an exhibition but other ppl were taking pics too so I don't believe it was a sneaky snap.

he can claim that you have no right to project his artwork.

if the event was public, you can use the picture most likely without permission in a news article in print, and perhaps you may need permission for an online news article, for that is putting the jpeg of his work out there on the net )unless of course the artist' publishing/promotion company sends you specific images and text via email for press release purposes...

whereas print newspapers are a dime a dozen, designed to be recycled, a digital easy accessible jpeg is a "durable consumable bitable good" as far as product lifespan goes.

[vdmoKstaTi]

In theory if you are NOT member of Law Society, you are not allowed to give legal advice. Makes you wonder if most of the laws even apply to you, ha?
Keep the tiger in the cage and stay well out of it Let BAR stand in between..

words are there for a reason