Family photos and copyright law

[Savvysav]

Does copyright law apply to family photos?

On the photo copyright website it says copyright belongs to the photographer

Yes it does. Copyright belongs with the photographer. I commission photography as part of my job and on occasion we get the photographer to sign the Copyright over to my employer to ensure we are free to use the images in perpetuity. So unless that has happened in this case, the copyright belongs to the photographer.

I read that too. Wondered if there were grey areas around an ex partner requesting photos they didn't take of their children.

Thankyou. I guess it must apply to any photographer.

Copyright belongs to the photographer unless there is a contract in place that lays out otherwise, or the photo is made by an employee.

Copyright protects the act of copying, so you can’t give someone a photo and then demand it back due to copyright as just having it isn’t a prohibited act. Equally they couldn’t copy or distribute it any further.

Copyright applies in domestic situations, but as it is a civil right, the only way to enforce is an injunction. And most people can’t afford that kind of action when there is no commercial damage.

Did you have a particular scenario in mind?

Ex is requesting more photos from birth to now of teenage daughter. He's been given a hundred photos already.

Does it matter? Can you provide him with more? I think using copyright law as the basis of a discussion with an ex about photographs appears a bit extreme. However, it depends how long you have been split for - has he not been taking his own photos of her during this time?

Three years. He didn't take photos.

Please don't withhold pictures if your ex is requesting them. Are they printed or on your computer? Sticking some in a pen drive takes no time (as long as he provides the pen drive!)

At least he's interested, mine didn't take any baby/toddler photos with him despite me saying I'd get them copied them for him-apparently he didn't need them!

This is not spiteful. It is in my daughters best interest that I am enquiring about this.

Is there a relevant safeguarding issue?

Id provide him with them...its a bit mean witholding. You could get copies if you want to keep originals

I have many valid reason's for withholding from supplying him with more photos. I'd rather not get into the reasons for it as there are so many. However, the fact of whether I can or cannot use copyright in this case, would be most helpful to me. I know your comments come from a good place.

It’s why Kate Middleton takes all the birthday/ Christmas photos of her kids - complete control over their distribution, press fees donated to charity of her choice

Thanks everyone for your input.