Stolen Old Rally Photo - Copyright Issues

[threespires]

I own a picture of my mother driving in the 1958 Alpine Rally and it's posted on my Flickr site. The picture was taken by a Nice based photographer and is original.

I've found that this picture is being used by a company on their website which is promoting an Alpine Tour.

I've asked on many occasions that they remove my picture, but the webmaster has come back to me stating :-

" XX has just spoken to me about the use of a photograph on our website - correct me if I'm wrong but I understand that copyright of that photo is held by Photo Junior of Nice, France, who I believe went out of business years ago. I am sorry we have offended you but there was never any intention to do that. I look forward to your reply "

Can they just take this picture of my mother and use it as they want, or do I have some comeback ?

[fastfreddy]

threespires said:

The picture was taken by a Nice based photographer and is original.

" XX has just spoken to me about the use of a photograph on our website - correct me if I'm wrong but I understand that copyright of that photo is held by Photo Junior of Nice, France, who I believe went out of business years ago.

So the Nice-based photog was 'Photo Junior'? Even if not, you didn't take the photo and unless the Copyright was signed over to you at some stage in the past, you don't own the Copyright to it now. So yes, they can use it without consulting you.

ETA - Also, how is it "stolen"?

Edited by fastfreddy on Friday 16th April 18:52

[threespires]

OK Thanks for that Freddy.

When I say 'stolen' I mean he took it off Flickr & used it without asking me.

Is this photo my 'intellectual property' ?

Edited by threespires on Friday 16th April 18:57

[DiscoColin]

threespires said:

Is this photo my 'intellectual property' ?

Not unless the copyright was signed over to you, but for all practical purposes with proper film photography - possession on the negative is generally 9/10s of the law. If all you have is a print, I'd say not personally...

[S47]

Be careful uploading any photos to the InterNET, anyone can access them and use them without asking you.
It happens all the time.
Get use to it.
or keep your pics to yourself

[threespires]

Thanks for your advice chaps.

[rpguk]

Copyright of a photo generally belongs to the photographer, the exceptions would be when it was taken by someone as part of their job or as a commission etc. In these cases you'd ideally have some documentation to show this.

Did you in anyway become the copyright holder?

If not, it could be argued that you breached copyright by putting it up.

However if the copyright holder doesn't exist anymore I don't see the problem. I can understand your frustration as you put it up and someone has exploited that for commercial gain but I don't think you've made a financial loss so perhaps appreciate the fact that the photo of your mother is delighting so many others?

[Simpo Two]

threespires said:

I own a picture of my mother driving in the 1958 Alpine Rally

How did you come to 'own' it?

[DIW35]

Unless copyright was signed over to you by the photographer, or you were given permission to use and/or freely distribute the image, technically it is you who is in the wrong for posting the image on Flickr in the first place.

[GreigM]

DIW35 said:

Unless copyright was signed over to you by the photographer, or you were given permission to use and/or freely distribute the image, technically it is you who is in the wrong for posting the image on Flickr in the first place.

This is correct - you could be in the st here....

[threespires]

Thanks for your input, I'm more informed.

[LongQ]

threespires,

I did a quick search for Photo Junior and turned up a French site that ssems to be some sort of local government operated (or supported) archive facility (my French is not at all good so I'm guessing based on the little I read) that seemed to be acting as an archive for the entire Photo Junior collection. If that is the case it suggests that even though the original business is gone the archive still exists as a whole and possibly, therefore, the copyright That said if the photo was taken in 1958 it is now 52 years old. How long is photographic copyright in France?

Note: All of the above could be rubbish of course but given your personal interest it might be worth checking it out if you have not already done so. Out of curiousity as much as anything.

[Mojocvh]

LongQ said:

threespires,

I did a quick search for Photo Junior and turned up a French site that ssems to be some sort of local government operated (or supported) archive facility (my French is not at all good so I'm guessing based on the little I read) that seemed to be acting as an archive for the entire Photo Junior collection. If that is the case it suggests that even though the original business is gone the archive still exists as a whole and possibly, therefore, the copyright That said if the photo was taken in 1958 it is now 52 years old. How long is photographic copyright in France?

Note: All of the above could be rubbish of course but given your personal interest it might be worth checking it out if you have not already done so. Out of curiousity as much as anything.

Hmm Nice in April, flights are cheap too......