A young fashion student, Nicola Kirkbridge, is taking on supermarket giant Tesco over the use of a photograph of her taken from her popular fashion blog. The photograph of Miss Kirkbridge modelling the latest fashion trends appeared on a children's jumper sold by Tesco throughout their stores nationwide without her knowledge.
Miss Kirkbride argues that her blog clearly states that all the copyright in artwork featured in the site belongs to her unless stated otherwise. She also asks for anyone who would like to use any of the photographs to ask for permission.
According to reports, Tesco have responded to Miss Kirkbridge claiming they have no idea how this has happened and removed the product from sale pending a full investigation. The steps they have taken are understandable. Miss Kirkbride will have a claim for copyright infringement unless Tesco can establish that their use of the photograph was authorised. For such a big player in the retail market to have used an unauthorised photograph highlights the difficulties surrounding the use of photographs and other images that are available on the internet.
Much has been written recently about the loss of control of photographs and other images when uploaded onto social media sites. Uploading a photograph or image to a social media site does not necessarily mean that Tesco or anyone else has the right to use that photograph. If you want to control the use of a photograph or image you should check the terms and conditions of any site before you upload it.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
