Australian photographer Shane Batham has successfully settled a lawsuit against an art gallery that was accused of charging customers to recreate his copyrighted photographs as paintings without permission or proper attribution. The dispute centered around Hamilton Island Gallery's alleged unauthorized use of Batham's work in paid art classes over a two-year period.
Batham, who is renowned for his stunning photographs of the Whitsunday Islands located between Queensland's coast and the Great Barrier Reef, discovered the copyright infringement when his wife brought him to visit Hamilton Island Gallery. Upon entering the gallery, he immediately recognized a large painted canvas that had been directly copied from one of his original photographs.
According to the lawsuit filed against the gallery's parent company, Hamilton Island Enterprises Limited, the gallery had been using Batham's published photography book titled "Whitsundays and Living Reef, Great Barrier Reef Australia" as a template for art class participants. These classes operated continuously from November 2022 through December 2024, with each participant paying $79 per person for the sessions that were supervised by a gallery curator.
Batham, who owns and operates two galleries on other Whitsunday Islands, alleged that throughout the duration of these art classes, his copyright was never acknowledged or credited. Furthermore, he claimed that class participants received direct assistance from gallery staff in reproducing his copyrighted photographs, making the infringement more systematic and deliberate.
Speaking to ABC News Australia, Batham confirmed that the legal dispute has now been resolved through a confidential settlement agreement, allowing him to refocus his attention on his photography projects. "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 stated. He emphasized that the implications extend far beyond his personal situation, adding, "[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 their actions by arguing that Batham did not hold exclusive rights to reproduce his photographs. The company also characterized Batham's copyright claims as being too vague to warrant legal action, according to ABC News reports.
Batham highlighted a significant challenge facing small creative businesses, explaining that asserting copyright protection in court requires substantial financial resources that many independent artists cannot afford. This case underscores the ongoing struggle between individual creators and larger commercial entities over intellectual property rights.
As a photographer, Batham specializes in capturing panoramic images using medium format Fuji Velvia film in a 3:1 aspect ratio. His expertise in underwater and marine photography is extensive, having completed more than 2,500 dives throughout his career. He has also gained valuable experience by escorting international photojournalists both in Australia and internationally, working alongside some of the leading figures in underwater photography. In addition to his photography work, Batham owns and operates galleries on Airlie Beach and Hayman Island, making him a significant presence in the Australian art and photography community.
