Freelancer makeup artist dwara photos social media platform pe share Krna
1 Answer
Dear Client,
This matter is about who owns the copyright in your wedding photographs, in case of wedding photographs, the copyright of the wedding images belongs to whoever has paid the photographer to take the snaps, unless there is an express agreement assigning the copyright of the photographs to the photographer. Since you engaged and paid this makeup artist who also clicked and recorded the photos and videos, the copyright vests in you as the client who commissioned the work and not in the makeup artist. Her posting these photos publicly without your consent is an infringement of your copyright under Section 13 of the Copyright Act.
Publishing a photo in a way that is embarrassing, mentally traumatic, or causes a sense of insecurity is illegal under Section 67 of the Information Technology Act. Anyone who uses electronic means to publish any picture, video, or audio which is capable of defaming a person morally will be considered as a crime and the person doing such an act will be punished with imprisonment.
I will advise you to first send a formal cease and desist notice through an advocate to the makeup artist demanding immediate removal of all photos and videos, deletion from all devices, and a written undertaking not to post them again. Secondly, file a complaint with the cyber crime cell at cybercrime.gov.in citing violation of your privacy, infringement of copyright, and deliberate re publication after your demand for removal. The re publication after your explicit request makes this conduct especially difficult to defend. Thirdly, you shall go ahead and file a complaint before the magistrate under section 66 of the IT Act which talks about computer related offences. Fourthly, file a civil suit for copyright infringement and damages before the district court, seeking an injunction to permanently restrain her from using your images and compensation for the distress caused.
I hope this helps, and if you have any further issues, do not hesitate to contact us.