I recently started my own interior design firm and would like to use photos on my new web site of projects I designed while a partner at another firm. My parting was not amicable and my ex-partners would not be willing to give me permission. Can I use the photos if I have the photographers permission? Would I need to credit my old firm?
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Use of photographs on web site
- Thread Starter ramnlam1
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I will assume that your designs are in private locations, not public areas. Why does the photographer have photos of your projects? What is his deal with your prior company? What rights does he have to use those photographs? That is the key to understanding whether the photographer can pass usage rights to you.
No, the designs are of clubs & restaurants. I have in my possession copies of the photos I wish to use in both negatives and digital formats. My question is really can I use them to promote my new company since I designed the projects while part-owner of another firm? The photographs were originally commissioned by my old firm.
I'm guessing that you're feeling the same way I am - the photographs are the "commissioned" works of your prior company. IMHO, if something doesn't pass the "smell" test then, legal or not, you'll probably have trouble whether it's legal or word of mouth in your industry. There is also the issue of competition here. It's certainly a good question. Let me ask you this - is there a reason you can't take pictures of the places you designed on your own? From my experience, people usually decide to take some form of action when you push them to a certain breaking point, e.g. you promoting your business on the funding of someone else's efforts, e.g. the professional photographs. I'm not saying doing so is still 100% kosher but it gives you much more breathing space from the reality that is "conflict."
I can't give you a clean answer on this. Technically the work is likely owned by someone else but now you're stuck in a position where you might not be able to obtain rights. Is the use innocuous? Perhaps. Will anyone ever sue you? Probably not. Do you want to take the risk of suit? That's your call. But I don't think anyone can give you the perfect blessing you may be looking for.
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