Want to copy a photograph? Photographers own the copyright
Laura Fletcher of American Fork found the answer to that question the hard way.
Four years ago Dwane Hudson Photography, formerly located in American Fork, took the wedding photographs of Fletcher's daughter. Since then, she has not been able to get the remaining three enlargements she said she is owed nor can she get prints made from proofs she has because Hudson owns the copyright for those images.
When the Utah Better Business Bureau and the Utah Consumer Protection Agency couldn't help, Fletcher contacted The Deseret Morning News Help Line.
Fletcher is not seeking the enlargements she claims she is owed. "All I really want is to get his permission to make prints from the proofs I already have," she said.
The Help Line found that Hudson is apparently is no longer in the photography business. Utah County Records shows he owns a home in American Fork, although the Help Line could not find a phone number for him.
So what can Fletcher do to make prints of photographs she doesn't legally own?
Yet, in Fletcher's situation, he advised against going to court.
"This is not worth a court fight, the cost is like having to go buy a bulldozer to dig up a flower garden," Pate said.
Fletcher has tried to make prints, but has been turned down by photo outlets because of the copyright printed on the back of the proofs.
The outlets don't want to put themselves in a position of being sued by the photographer since copyright law favors the creator of the work.
So, Pate suggested sending Hudson a letter asking him to sign over the copyright, which will allow Fletcher to make prints or to surrender the negatives.
Fletcher did that in a 2006 letter sent to Hudson, in which Fletcher offered to buy for $160. And she wrote him again about a month ago.
"It's been two weeks and I have not heard a thing," Fletcher said in response to the letter sent June 28, 2007.
The Help Line sent Hudson a certified letter that required a signature on delivery. Hudson didn't sign acknowledging delivery, but someone living at the address of the home he owns did sign for the letter delivered July 16, 2007.
If there is no response to either letter?
"Unlicensed copying is a problem," Pate said. Hudson could sue for copyright infringement if someone made prints from the proofs, but Hudson would then have to appear in court and face the contract counterclaim for the undelivered photos.
Fletcher was hoping for a response to the last efforts to contact Hudson, but "a this point, I don't really know what I am going to do."
Getting the runaround from your government, local businesses or school? Didn't get your money's worth on something you bought? Email jlarson@desnews.com and let the Deseret Morning News Help Line try to get you some answers.
Recent comments
Dwane Hudson took my wedding pictures almost 8 years ago. I googled...
Hudson client | April 17, 2008 at 9:46 p.m.
Right now it's not so much a question of what's right or...
Eric | Dec. 7, 2007 at 7:47 p.m.
The real question is why didn't the photographer in this story...
Claire | Aug. 19, 2007 at 7:21 p.m.
