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Tejas Pandya (Co. Sec)     31 December 2009

Important Query on Copyright

 

In some countries before we use a photograph we need to obtain permission from the person who owns a photograph (usually the photographer) as well as permission from:
 
Any individuals in the photograph
Any product owners
Building owners or architects.
 
IS such kind of thing applicable in India. Please let me know if anybody have information in this regard


Learning

 3 Replies

N.K.Assumi (Advocate)     31 December 2009

I am of the view that the person who takes the photograph is the author of ther work and is the owner of the copyright in it . But if the photograph is taken in the course of employment or at the instance of any person for valuable consideration the ownership of copyright is determined in the the following ways like artistic work that is; if the artist who created the work is the first owner of the copyright on the work. Where the work is created in thecourse of employment the employer will be the owner of the copyright. If the employer is the owner of newspaper or magazine his right is restricted to the use of the work for publication in newspaper or magazine. In the case of commissioned the work will be the owqner of the copyright.All these rules are applicable in the absence of any agreement to the contrary.

1 Like

Tanuja Liman (Legal Practice)     01 January 2010

I agree with N.K. Assumi. Copyrighted Photographs are subject to permission of owner before use

I think that non-copyrighted photographs of Individuals used without permission can be challenged under the diiferent law

What you say N.K. Assmi.

Genius Gene (Sr. Manager-IP)     18 January 2010

I too agree with N.K. Assumi. Permission from the photographer (author) is requied.

 

It is an obligation on the part of the photographer to obtain model release from any person appearing in the photograph/ permission from product/building owner.


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