WA Intellectual Property Law on Ownership of Photos?

[Michelle Windram]

Hello,

My client took photos of electrical work done years ago on a display home. They have used the photos on Social Media to promote their business. Now, these two photos in question are off a floor and show nothing in them of a personal nature.

My clients have received an email from the current homeowners, who were not the owners of the home when the photos were taken. They have asked my clients to remove the photos as my clients had not asked them for permission to use them.

So what legal rights under intellectual property law do my clients have to keep using these photos for their business promotion? The current owners of the house never actually found the photos themselves. Friends of theirs did while they were searching for something on Gumtree.

Any help on this matter would be greatly appreciated as my clients feel they should be able to promote their work.

Thank you

 

[Victoria S]

The general rule is the person who takes the photograph owns copyright in it. There are no "privacy rules" or rights to the subject matter of photos which would preclude the owners of the home from using the photographs.

 

[Rod]

Imagine the consequences of the alternative scenario - there would be all sorts of issues around knowing when ownership changed. Not workable.

Tell your clients to do nothing or maybe they can offer to sell the copyright to the new owners.

 

[Michelle Windram]

Thank you so much, this is what I thought, but wanted confirmation. Cheers!

 

[Michelle Windram]

The general rule is the person who takes the photograph owns copyright in it. There are no "privacy rules" or rights to the subject matter of photos which would preclude the owners of the home from using the photographs.

Thank you so much for your answer, this helps us a lot! Cheers