Photography copyrights when 2 photographers take similar photos

[ddbell23]

What is the name of your state (only U.S. law)? Idaho

I was recently involved in a photography shoot where another photographer and myself took similar photos. The other photographer had invited me to be a part of the shoot. Initially he had asked me to be involved in the shoot so I could have some images to use for advertisements for products I sell on my website.

Now afterwards, he completely changed this all around. Now he is threatening to sue me for posting images that I shot on my own camera. He says they are too similar to his photos and he owns the copyright to the images that I shot on my camera since he had posed the models.

Of course the image are similar, we were taking pictures at the same time! He knew this and didn't have a problem until afterwards. The funny thing is that I am not even competing with him for any business. I don't shoot portrait photography anyway so it's not like I'm going to steal his clients. I'm also not selling the images. I sell photography software and I'm just using the images that I shot to demonstrate how my software works (before/after images, tutorial videos, etc.).

Can he really own copyrights from images shot on my camera? I have the raw files (canon .CR2 files) which have serial numbers attached in the EXIF data. These serial numbers match the serial number on my camera so proving that I took them isn't an issue. My concern is if he has a legal right to own copyrights to my images just because he told the model to stand a certain way while we were both taking pictures.

Thanks in advance for your advice.

 

[OHRoadwarrior]

Absent an assignment agreement, he likely has no claim. He cannot claim he did not authorize the shooting of the same models, in similar positions either.

 

[ddbell23]

Thanks, that is what I figured but I wasn't sure.

There was no written agreement. Also, he also knew exactly what I was planning to use the images for. We discussed this prior to shooting any photos and he was completely fine with it. He simply changed his mind a few days later after he saw the images that I had shot. It was really strange.

 

[quincy]

What is the name of your state (only U.S. law)? Idaho

I was recently involved in a photography shoot where another photographer and myself took similar photos. The other photographer had invited me to be a part of the shoot. Initially he had asked me to be involved in the shoot so I could have some images to use for advertisements for products I sell on my website.

Now afterwards, he completely changed this all around. Now he is threatening to sue me for posting images that I shot on my own camera. He says they are too similar to his photos and he owns the copyright to the images that I shot on my camera since he had posed the models.

Of course the image are similar, we were taking pictures at the same time! He knew this and didn't have a problem until afterwards. The funny thing is that I am not even competing with him for any business. I don't shoot portrait photography anyway so it's not like I'm going to steal his clients. I'm also not selling the images. I sell photography software and I'm just using the images that I shot to demonstrate how my software works (before/after images, tutorial videos, etc.).

Can he really own copyrights from images shot on my camera? I have the raw files (canon .CR2 files) which have serial numbers attached in the EXIF data. These serial numbers match the serial number on my camera so proving that I took them isn't an issue. My concern is if he has a legal right to own copyrights to my images just because he told the model to stand a certain way while we were both taking pictures.

Thanks in advance for your advice.

ddbell23, you mention how the other photographer posed the "models." Do you have signed releases from these models that allows you to use the models' images in advertising for your commercial products?

You may hold the copyrights in the photographs you shot (absent any agreement or business arrangement with the other photographer), just as the other photographer would hold the copyrights in the photographs he shot. But neither of you may have any rights to use the photographs in a commercial manner without written consent from the models.

Everyone holds a "publicity/privacy" right in their own name and image. In other words, you cannot capitalize on another's name or image without authorization from the person whose name or image you wish to capitalize on.

As another note, if the other photographer registers his images with the copyright office, he becomes the presumed owner of the rights to the images. If he wants to be a jerk, he could potentially claim you are infringing on his copyrights in the images (making derivatives of his images).

Although there are significant differences between the copyright laws in the UK and the US, there was an interesting case out of London that may serve as a cautionary tale for artists here. The case, which I have linked below, was about two photographs taken of the same public scene (with a bus), with the second photographer "copying" the same lighting and composition for his photograph as the first photographer used. The UK judge ruled the second photographer infringed on the first photographer's copyright.

http://www.bailii.org/ew/cases/EWPCC/2012/1.html