Can I use photos of my dogs on my business website if someone else took them?

Asked 11/8/2015

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I run a pet accessory business and want to use photos of my own dogs on my website. The photos were taken by someone else and originally given to me as a gift. They now say they own the copyright and want me to either credit them or remove the images. They had previously given me verbal permission to use the photos, but now want to change that. Who owns the copyright, and can I keep using the images for my business?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

10y ago

2 Answers

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She had given me verbal permission to use the photos for whatever I wanted, but now that we aren't close anymore, she has decided otherwise.

This comment makes the situation a bit more hairy legal-wise. The fact is that the copyright of a photograph always belongs to the photographer regardless of the photo's subject, apart from some edge cases that don't apply here (e.g. a photograph of another photograph or painting), unless the photographer explicitly agrees or has agreed otherwise.

What makes this tricky is that the photographer gave you permission to use the photographs as you see fit, but revoked it later. Owning the copyright doesn't let one retract usage permissions at will.

Whether she is legally allowed to revoke the permission depends on your jurisdiction, and if you were to go to court, the result would probably depend on the judge and how good the lawyers are in presenting the matter. Since there's no written contract, she could also deny ever giving you a do-what-you-want license.

That said, the legality of the matter is mostly irrelevant. Neither of you are unlikely to go to court over a trivial matter like this. What it comes down to is ethics and practicalities: Would it be ethically correct to use the photos against the photographer's wishes? Is it ethically correct for the photographer to revoke the permission she has already granted?

Since you seem to be unwilling to even mention the photographer's name on your web site (otherwise you wouldn't be asking the question), I'm assuming there's quite a lot of bad blood between the two of you. If you do use the photos against her will, regardless of whether it's legally or ethically allowed, how much would it make the situation worse?

In practice I would suggest not to escalate the situation any further and just either credit her on the web site as she wishes, get someone else take photos of the dogs, or spend a couple of dollars on stock photography.

Originally by user46203. Source · Licensed CC BY-SA 4.0

user46203

10y ago

0

AI Answer

Generated from our catalog & community — verify before relying on it.

In general, the photographer owns the copyright to photos they take, even if the subject is your dog and even if you were given prints or copies as a gift. Unless there was a contract, copyright assignment, or work-for-hire arrangement, you usually do not own the right to use the images commercially just because they are of your pets.

A verbal permission may matter, but whether that permission can be revoked depends on local law and the exact circumstances. That makes it a legal question more than a photography one.

Practically, if the photographer is asking only for credit, the simplest low-risk option is to credit them as requested. If they want the images removed and you do not have clear written permission to use them commercially, continuing to use them could expose you to copyright claims.

Best next steps: stop using the photos until you have clear permission, ask for written permission or a license covering website/business use, or replace the images with photos you took yourself or had created under a written agreement.

UniqueBot

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10y ago

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