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[Kahikatea]

Hello,

I have a bit of a curly question regarding the copyright rights to an image used by myself and a former supplier.

We are manufacturing jewellers and have used a particular pearl supplier for a number of years. Our supplier ex-supplier only wholesales and as such has used our images in the past for advertising for mutual benefit.

They have used images of our jewellery (some of which was taken by a professional photographer at their expense) on their website and in all their information booklets, including their current ones.

We have also used one of these images on our website for years.

As we have broken away they are now claiming we cannot use any said images as it is encroaching on their trademark and copyright rights, but, there is no visible branding and we do not specify where those pearls in that particular picture come from, just that the jewellery designs are ours.

Now, I understand that as they paid for the pictures they are probably within their right to request that we stop using it, but I'm wondering if we are also within our rights to request that they do not use any images of our finished jewellery in the same manner? They have named us as the manufacturer in some of the pictures they have used which we do not want as we are now growing our own pearls because we were unhappy with their quality and as such do not want to be associated with them in any way.

We have never signed any rights to use images of our jewellery over to them.

Sorry for the long winded first post but I hope someone can help as it is not an issue I have come across in countless hours of searching.

[artchain]

If the photographs were produced as work-for-hire for the supplier, then the supplier owns the copyright.  If not, the photographer owns the copyright.  Either way, you can't use the photos without permission.

You own the copyright of your original jewelry designs, so if these pieces are the central focus of a photo, then use of that photo may violate your copyright.

In short, neither of you has rights to use the photos without the permission of the other.

(However, if each of your previously allowed the other to use the photos, there may be some implied contract issues here.)

The real question is, what do you want to get out of this?  If you expect the supplier to destroy all their brochures and catalogs, I'd expect a fight...  one which you may win, but will be expensive for both of you.  You might consider trying to work out an arrangement where each of you can continue to use the images for some fixed period of time.

If you want the images of your jewelry off the supplier's website, you can probably accomplish that by filing a DCMA takedown request...  it's free, it's easy, and in almost all cases the website hosting company complies.  But of course, the supplier can do the same to you.

[Kahikatea]

Cheers for your input. Appreciate it.

They have threatened us with all sorts of things (some threats and actions even being illegal under NZ's fair trading act) but rather than throw legal crap back at the we just don't want to be associated with them in any way. Our name carries a very good reputation with it which has been built up over 30 years and their name is slowly going down the gurgler (hence us not wanting to deal with them any longer!) so we don't want it smeared.

I would be happy to not use their image if it meant they didn't use any of our jewellery to promote themselves in anyway so I will file a DCMA takedown request and write them a threatening letter regarding any other images but leave it at that. Like you say the court fees are huge to fight this sort of thing which can outweigh the benefit.

Thanks again!