Intellectual Property advice

[JonR]

Hi all

I am a live music photographer and recently put some pictures of a well known musician on eBay - on a coffee mug. These were removed bu the artist's management company saying that they infringed their IP rights. The mug only contained the image of the artist, and no text on it. I was under the impression that you can't trademark somebody's face so was surprised they were taken off. Anyone help on this?


Thanks.

[noidea]

Hi all

I am a live music photographer and recently put some pictures of a well known musician on eBay - on a coffee mug. These were removed bu the artist's management company saying that they infringed their IP rights. The mug only contained the image of the artist, and no text on it. I was under the impression that you can't trademark somebody's face so was surprised they were taken off. Anyone help on this?


Thanks.
It's pathetic - all about licensing exclusive deals to companies.

[JonR]

It's pathetic - all about licensing exclusive deals to companies.

After getting some legal advice, I have been assured that the company has not got a case, however eBay always side with the big guys even if their case has no legal merit.

[obscure]

You mentioned "live music" - does that mean you took these photographs during a performance? If so did you make that fact clear to the lawyer and were they an experienced intellectual property lawyer? The reason for asking is that (if this was during a performance) then you must have permission from the band.

As a photographer you have copyright in the pictures you create however a live musical performance is also a creative work as defined by copyright law (http://www.ipo.gov.uk/copy/c-applies/c-theatre.htm) and as such is protected by copyright. That means you can't record, film or photograph such a performance without permission.

The above may/may not apply if the performance was in a open public space rather than a private venue - lots of ifs and buts, which is why an experienced IP lawyer is necessary. Obviously I don't think any of the above applies if you just photographed them in public.