Can a photographer own the rights in a scene?

Can a photographer own the rights to a photo so that no one else can take a photo of the same scene and use it for financial gain?

I took a photo of a house that was the childhood home of a now, famous person. I had it printed on mugs and other items and have been selliing it in a local gift shop. I was recently confronted with the idea that what I was doing was illegal because the other photographer that took a picture of that same house had had his certified and was the only one that could use it for profit. Is there any truth to this idea?

72 viewsintellectual property law

Alasdair Taylor's Answer

This looks like a decent summary of the legal position here:

http://www.photographers-resource.co.uk/photography/Legal/Access_Rights.htm

Perhaps the key issue is whether, when you were taking the photograph, you were subject to access licence restrictions.

Ask a question

Question in one sentence
Select a topic that best fits your question.

Search questions

Disclaimer

Using this legal Q&A, users can get guidance on business-related legal questions from our legal experts.

The guidance is not legal advice; no lawyer-client or similar relationship is created by the Q&A.

By using the Q&A, you agree to the limitations and exclusions of liability set out in our terms and conditions.

SEQ Legal
Copyright © 2021 Docular Limited All rights reserved