An acclaimed photographer has sued a gallery for allegedly charging visitors to copy his images in art classes.
Shane Batham, one of Australia’s most popular landscape and underwater photographers, has filed a lawsuit against Hamilton Island Gallery in Queensland, Australia.
According to a report by Australian news outlet The Courier Mail, Batham has accused the gallery of using his published photography book 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 alleges the Hamilton Island Gallery used his 2019 photography book Whitsundays and Living Reef, Great Barrier Reef Australia as a source for its art classes.
In court documents obtained by The Courier Mail, he claims some of his images such as Hideaway Palm and Blissful Tree were left on display for participants to copy, and that attendees were also given handouts containing copies of, or references to, his photographs.
Batham claims that participants often reproduced his photographs or painted works derived from them, and in some cases, the gallery arranged to sell the finished paintings. The photographer alleges that during the classes, his copyright in the book was never mentioned, and he was not credited for the images that were copied or adapted.
He claims the gallery “authorized the reproduction” of his photographs without a licence, amounting to copyright infringement, and that it also breached his moral right to be attributed as the author.
Batham is seeking $50,875 in profits from alleged copyright infringements and a further $25,000 in damages for breaches of his moral rights. He is also asking the court to declare that the gallery breached his copyright and moral rights, and to ban it from repeating the alleged conduct.
“This isn’t a trivial matter. Artists deserve to have their work respected and their rights protected,” Batham says in a statement. “This case is about more than just me. It’s for all the artists whose work has been misused, copied, or disrespected without permission. It’s time we stood up for our rights.”
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 the Into The Blue Gallery in Queensland.
Image credits: Header photo licensed via Depositphotos.