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To ask if this is illegal?

(85 Posts)
PenguinBear Thu 09-Jan-14 18:09:16

Just want to know where we stand. I don't want to give exact details but will give as much info as possible.

A minor celebrity posted a picture online of something they had made. A public site with an open page where anyone can view it (without having to follow/like the page).

If someone were to save the picture and then have the same thing custom made, would this be illegal?

No-one has posted her actual pictures publically (only sent them to the artist) although they have posted a picture of their item online (an exact replica of the item).

This person has found out and has written a big rant saying that it is theft and people need her permission to use her photos. Quite a few people have done it since the picture was posted last year.

Has any crime actually been committed? She has said she would have liked people to ask permission before using her photos for any purpose. Tbh, It didn't even cross my mind to ask permission, she never replies to 'fans' although I have gone right off her now.

PenguinBear Thu 09-Jan-14 18:10:20

To clarify, she didn't make the item but also had it made!

LaurieFairyCake Thu 09-Jan-14 18:11:49

Nope, it's not.

You can copy any work you like, as long as you don't pass it off as by someone else.

D0oinMeCleanin Thu 09-Jan-14 18:12:31

Did she have it copyrighted?

Generally when you post photos to public websites it is the website who then owns the photo, not the poster.

RunsWithScissors Thu 09-Jan-14 18:13:39

Agree with Laurie, if you tried to sell the item, then you'd have problems. For your own use should be fine.

She should have copyright in the object in question. So making a reproduction without her permission would be a breach of that copyright (as far as I know - I am not a copyright expert).

There is a private use exception to copyright as Laurie says.

Whitershadeofpale Thu 09-Jan-14 18:18:11

Come on, name her!

PenguinBear Thu 09-Jan-14 18:21:48

No she didn't have it copyrighted and it wasn't a one off item... Loads of people own it, she just had it designed a specific way in terms of colour etc.

fluffyraggies Thu 09-Jan-14 18:23:24

What is it, what is it OP?! grin

LegoStillSavesMyLife Thu 09-Jan-14 18:25:13

You are now going to have to tell us who and what.
I NEED to know. It will help me get through listening to stories and bed time.

msrisotto Thu 09-Jan-14 18:25:48

tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us tell us

VworpVworp Thu 09-Jan-14 18:26:32

If someone copies an item another person designed, how is that not theft? It's their intellectual property. They may not have taken legal steps to protect that property, but it's still morally wrong.

PedlarsSpanner Thu 09-Jan-14 18:28:33

I bet it's one of them cat bags avec sleb's name. You know the one I mean - like a brown fabric pretend jute Tesco bag painted wiv Bambi style kittehs and swirly name lettering.

WhereMyMilk Thu 09-Jan-14 18:29:03

Just spill...!

PenguinBear Thu 09-Jan-14 18:30:26

They didn't design it VworpVworp. There are only so many combinations the item can be made in, and let's say the celeb chose pink and purple example only. We also chose pink and purple. There is nothing that makes it specific to the celeb and other people had the item before her.

It's the fact that her pictures have been used that she is cross with. I can't give any more details as she is threatening legal action hmm.

Though it sounds like she won't get anywhere!

FrillyMilly Thu 09-Jan-14 18:31:37

Tell!

LanaStraightLeg Thu 09-Jan-14 18:46:12

In my head it's Kisrty Allsop, though only because I can't think of anyone else who makes things <libellous>

RoadKillBunny Thu 09-Jan-14 18:46:51

I really don't understand!
She is cross that her picture of an available for general sale item that she had customised/custom made was used by someone else you to have the same item customised the same way?

So the person you simply used a publicly posted photograph as inspiration/guide to have an identical item made?

I am confusing myself now but if what I have said is what has happened I really can't see how legal action can be taken. What has the other person you done wrong exactly? If the person you had 50 of said items made then sold them as. 'Limited addition celeb X thingie-me-bobs' then I could see how there could be a legal case to answer but if it is just something for your own personal use that doesn't use celeb x name and is simply a copy of celeb X's custom item I really don't think there is anything at all to worry about, celeb X is just throwing a special little snowflake tantrum and should be ignored!

I could have course completely miss understood and missed the point, can you clarify at all, you don't have to name celeb X just give a little more detail on the item and it's link to the photograph would help!

PenguinBear Thu 09-Jan-14 18:53:05

LanaStraightLeg the celeb didn't make it, she paid someone to customise it for her. We found out who she used and used the same person (which she knows about).

She made a long post about her images belonging to her and no-one havig the right to use them for any purpose without permission.

She doesn't have any details for us, it was my dd's twitter account that it has happened through. The only person with my details is the person who customised said item... Although I don't think she knows any of this has gone on and probably won't care as if it ever gets out, she'll have a load more business!

RandomMess Thu 09-Jan-14 18:57:02

Not pram accessories is it grin

Plumpcious Thu 09-Jan-14 18:57:08

There will be copyright in the photo and possibly for the design of the item itself.

Is she claiming you infringed her copyright just in the photo? If she pursues the case it would be a civil matter, not criminal. But unless she has suffered any 'damage' (eg loss of income) there wouldn't be any point in her pursuing it. You might receive strongly worded letters from a solicitor but the police aren't going to be knocking on your door. A solicitor might send you a 'cease and desist' letter demanding that you stop using the photo.

I assume the one you had made was a one-off and you're not going to be manufacturing and selling them?

softlysoftly Thu 09-Jan-14 18:57:43

B

softlysoftly Thu 09-Jan-14 18:59:42

Odd!

So for example its a cushion.

Celeb has cushion made in pink.

Celeb takes photo of pink cushion and posts

You commission an identical pink cushion

Is that about right?

LanaStraightLeg Thu 09-Jan-14 19:01:20

Was it Jordan? Did you copy her biscuit biscuit? grin

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