Gap VS Photographer

Case Study 3: Photographer vs Gap vs Jaguar

In this case study Gap printed a shirt from a photograph that they got off Flicker or a picture of an old Jaguar car. Someone pointed out to the photographer, Chris Devers, that is was no doubt his picture, because of the reflection in the front mirror. Devers was very upset that Gap used his photograph to create a shirt design. He was never contacted about usage of his picture and he was never paid for usage of his image. The other side of this is what about the creator of the car. Do they have the first copyright, because they are the ones who created the car, which allowed Chris to take the photograph.

Gap could claim that they have the right to use the photo, because they used the photo and created something new. They created a shirt design, they were not trying to just create another copy of the image Devers took. In the business world, however, companies have to get permission to use materials that others created. Devers took the picture that inspired the design and they used it without him knowing it. Within Devers Creative Commons rights he could have restricted Gap from using his image for profit. Once a photo is taken the photographer does not have to obtain a copyright for it to be protected by the copyright law. Anything created is under copyright, as long as it can be proven that it was created first.

I think that Gap and other companies that are taking images they find online are in violation of the copyright laws. I think that photographers have the right to know who is using their photography as a design tool. Companies need to give photographers credit when credit is due. Pictures are a form of intellectual property, so companies should not just go online and use exact copies of anyone’s photograph without mention or capitol given to the one who took the picture.

In education students can use photographs to create their own designed material. Students could not print an exact copy of a photo and call it their design, but they could use the photo as inspiration in creating their own design. Students can use images they get online as part of their projects. They have to use the images for a purpose other than the original intent of the photographer. Students would not be selling their projects as Gap is selling the shirt that has the image on it.