Photographer Settles With Art Gallery He Accused of Reproducing His Work
An Australian photographer has settled his lawsuit against a gallery accused of charging customers to recreate and sell his photographs as paintings.
Shane Batham is known for his photographs of the beautiful Whitsunday Islands that lie between the coast of Queensland and the Great Barrier Reef. After his wife took him to visit Hamilton Island Gallery, he saw a large painted canvas and knew immediately that it was copied from his photograph.
PetaPixel previously reported how Batham accused the gallery of using his published photography book, Whitsundays and Living Reef, Great Barrier Reef Australia, as a template for art class participants to copy from for more than two years.
The classes, which ran between November 2022 and December 2024, were charged at $79 per person and were overseen by a curator, according to the lawsuit filed against the gallery’s parent company, Hamilton Island Enterprises Limited.
Batham, who owns two galleries himself on other Whitsunday Islands, says that during the classes his copyright was never acknowledged and class participants were assisted in their reproduction of his photographs. Batham tells ABC News Australia that the dispute has now been resolved “confidentially” and he is now moving forward.
“Whether you’re a writer or a painter or a photographer, whatever creative process you’re involved in, no one should be allowed to effectively steal your work,” Batham tells ABC. “[It] goes beyond my gallery. If this can happen to me, it can happen to any artist or creative in Australia.”
Hamilton Island Enterprises Limited attempted to defend its actions by claiming that Batham didn’t hold the exclusive right to reproduce his photos. It also characterized Batham’s claim as “vague,” according to ABC
Batham says that for small creative businesses like his, it is difficult to assert copyright in court owing to the “substantial financial resources” needed.
According to his website, Batham captures his panoramic images on medium format Fuji Velvia film in a 3:1 aspect ratio. He has completed more than 2,500 dives and spent years escorting international photojournalists in Australia and abroad, gaining experience from some of the leading figures in underwater photography. Batham also owns and operates galleries on Airlie Beach and Hayman Island.
Image credits: Shane Batham / Instagram.
