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Photos Published Without Any Photo Credit - Court' Sentences
Fabio Muzzi, Photographer
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GHEZZANO | PISA | ITALY | Posted: 10:31 AM on 04.12.10 |
->> Good day everyone.
I know that this is not a appropriate thread in SportsShooters.
Sorry in advance.
But could be a problem occurred to many other photographer..... :))
Any of you, know appropriate Court's Judgements about the violation of the Law of Author's Right respecting the particular case of images published without write any photo credit of the name of the photographer?
Here in Italy, it's so hard, too difficult to find Judgements regarding this specific violation. Sentence explicating how price is gave to the author as indemnification for an image published without this photo credit.
Instance of newspaper, magazine, web.....
THANKS to anyone could be offer help to my question.
Ciao at all,
Fabio. |
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Nick Doan, Photographer, Assistant
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Scottsdale | AZ | USA | Posted: 11:22 AM on 04.12.10 |
->> Hi Fabio,
In the US, photos are published often without any photo credit. I don't know of any instances off the top of my head where photographers have successfully won lawsuits over this particular point.
If there was a violation of copyright, that is a different type of violation.
If a publication has breached a contract that stipulated that giving you credit for your photographs as part of the compensation for the use of said photograph, then that might be something you could pursue in court.
btw, I an NOT a Lawyer.
I have had many photos published without a Credit. And, I don't know that it has ever bothered me. As long as I get paid for the use of the photo, I don't make issue about credits.
If you search the archives on this message board, you will see that many of us believe that credits never earn you work, fame or money. The images themselves do that. (Along those lines, a Photo Credit is poor compensation for usage.)
I am not sure if that helps you or not. Good Luck with whatever you are trying to do, |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 12:08 PM on 04.12.10 |
->> The US doesn't have author's rights laws.
--Mark |
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Tom Dymond, Photographer, Student/Intern
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Akeley | Bucks | UK | Posted: 4:13 AM on 04.25.10 |
->> in the UK it is not a moral right to have you credit with a photo, it is a right that has to be asserted to the publisher.
but still half the time they dont. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 8:09 AM on 04.25.10 |
->> Actually, Mark, the US does recognize a subset of author's rights, but not the extent that are recognized abroad.
Section 106A of the Copyright Act (17 USC 106A) gives the author of a "work of visual art" (the definition of which is not the same as the broader definition of "pictorial, graphic, and sculptural works"; I dare say most photographic works are covered under the broader definition) the right to claim authorship of a work, and to prevent the use of his or her name with any work the person did not create. The author also has the right to prevent the use of his or her name in connection with any work that has been distorted, mutilated, or modified such that it would be detrimental to the author's reputation. |
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