0
Did a bit of investigation with a family friend lawyer. Bigish email...
-----Original Message-----
From: Matt Beaver [mailto:m.t.beaver@hotmail.com]
Sent: Tuesday, 29 May 2007 7:41 PM
To: ???
Subject: Law Stuff
Dear ???
Being a lawyer, I think you might be able to clear something up for me.
On a Western Force supporters website that I am a member of, one of the
other members has made a photo/painting arrangement involving pictures
and
paintings of Matt Giteau. (a copy of this photo is available here
http://i64.photobucket.com/albums/h1...Picture004.jpg) They are
now
selling this arrangement as an auction and all profit is going towards
the
non-profit website.
They announced the auction last week some time, and yesterday the member
who
made the paintings (Jess) received and e-mail from The Western Force:
Insert email received from Melanie Norton
Jess had released a previous copy of the painting, but used photos taken
by
Christian Sprogoe (a photographer hired by The Western Force) and he
raised
a huge fuss and threatened to sue the pants off her and the web site.
This time however, Jess used photos taken by her self, and you would
assume
Matt Giteau would have given permission when it was signed.
There are various items being sold on eBay with Matt Giteau's signature
on
as well. Are they in the wrong too?
Regards
Matt Beaver
Doesn't sound right to me if she did the painting from her own photo.
e.g If I did a painting of Paris Hilton or Ramsay to use a crazy
example, and sold them - I could not see that there would be a copyright
breach as it is a publicly available image.
I don't practise in Intellectual Property and for all I know there may
be relevant matters that I and you are simply unaware of.
In my view - and this is not an expressed legal opinion- her doing a
painting from a photograph done by a professional photographer would
have breached that photographers copyright and he had every right to
complain. That is because he has used his skill etc as a photographer
to create the photo.
If however - and this is my understanding and NOT a legal opinion - she
does a printing from her own photo or recollection - I do not think
that is a copyright breach. I may be wrong but that is my very limited
understanding.
Jessica may well find herself needing professional legal advice - which
is expensive in this area of the law as it is very specialised.
The firm of Teller Provan (Solicitors and Intellectual Property Lawyers)
at 414 Rokeby Road Subiaco are probably the best around.
It would be worth Jessica spending a couple of hundred dollars to get
competent legal advice on this discrete point and then she knows where
she stands.
<salutation> etc
Reply With Quote
) - copyright.org.au from memory. They'll even call you to discuss certain points.
