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Sketch drawing on the website

Discussion in 'Legal' started by Thomas Proszowski, Jun 14, 2018.

  1. Thomas Proszowski

    Thomas Proszowski UKBF Newcomer Free Member

    8 0
    I am writing because I would like to ask somebody familiar with Intellectual property subject for advice about the subject of uploaded online picture.

    Nearly half a Year ago I was commissioned to do an oil portrait for my female Classroom colleague free of charge.
    I also drew a digital cartoon black and white sketch of the colleague’s picture from Facebook and I decided to gave it to colleague as a gift of Good will alongside commissioned portrait .

    I decided to upload both completed pictures on my website as well as on company's website,I have membership at , requesting previously website administrator to upload cartoon sketch drawing.

    I always advertise customers portraits on my websites for marketing purpose.

    Shortly after the colleague collected commissioned pictures free of charge at the college but issued complaints about both pictures being displayed on the websites and demanded me to remove them .

    I took first oil portrait painting out of my website .

    Any way I couldn’t remove the 2nd sketch eyes picture as I havent got access to the website and despite my numerous unsuccessful requests addressed to the website administrator to take the drawing out .

    the sketch drawing is still on the company's website and recently colleague warned me about legal action with Police ,accusing me of an offence because of the picture being visible on website .

    I would like to ask you if colleague can charge me with offence using Police ?

    Also ,do I have any grounds to defend my case against colleague's accusations and notorious grievance despite my will and efforts of contacting website administrator to change or remove the sketch picture?
     
    Posted: Jun 14, 2018 By: Thomas Proszowski Member since: Apr 14, 2016
    #1
  2. Scalloway

    Scalloway UKBF Legend Free Member

    13,673 2,941
    I don't think the police get involved in copyright disputes.
     
    Posted: Jun 15, 2018 By: Scalloway Member since: Jun 6, 2010
    #2
  3. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,525 1,920
    I would assume that as the sitter did not commission the cartoon then the copyright belongs to the artist which is you unless specifically given with the painting
     
    Posted: Jun 15, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #3
  4. kulture

    kulture UKBF Legend Staff Member

    7,618 2,077
    Unless there is an agreement otherwise, you own the Intellectual Property rights of the images. So you do not have to take them down. Further ask the colleague to explain why the Police would be involved. This sounds like bullying and trying to frighten you.

    With regard to the company web site. If you actually want it to be taken down and they are ignoring you, contact the website's hosting company and ask them to take down the whole site as it is in breach of your copyright.
     
    Posted: Jun 15, 2018 By: kulture Member since: Aug 11, 2007
    #4
  5. The Byre

    The Byre UKBF Ace Free Member

    7,292 2,821
    What @kulture said!

    She may be labouring under the impression that she has rights to her image. This right simply does not exist in the UK, though it does in the US and rest-EU.

    In the UK, there is no right of personality or image by which a person can protect their likeness. Instead, unauthorised use of that person's image must be challenged under other laws, such as passing off, trade mark infringement, or advertising regulations.
     
    Posted: Jun 15, 2018 By: The Byre Member since: Aug 13, 2013
    #5
  6. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,655 410
    This was not a professional model doing a sitting for a professional artist. It was a colleague agreeing to sit for you while you did the oil painting and you agreed (I assume) to giving the oil painting to her after you had done it.

    You own the copyright unless you signed it over to her as others have said, so this is not necessarily a case of copyright. You took a copy of the painting before giving it to the colleague and put it on the internet. It would appear that that was not part of the bargain as far as the colleague is concerned. If this is the case then the colleague is quite justified to ask you to take the photo down. Whether or not she can force you to take it down by law would be up to a lawyer to advise you on, but certainly it would be sensible to take it down and to apologise to the colleague.
     
    Posted: Jun 15, 2018 By: Gecko001 Member since: Apr 21, 2011
    #6