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Photographer
ShotbyRon
Posts: 767
Pittsburgh, Pennsylvania, US


I am curious, if I were to run a campaign or something on a site like Kickstarter. If I planned to use a certain models for my project, would I be able to use a professional done photo of her not taken by me in the campaign ad? I feel people might take it a tad more serious if I had photos of the models.
Aug 23 13 11:35 pm  Link  Quote 
Photographer
James Croft Photography
Posts: 42
Oceanside, California, US


If the photos are not your own, you would need to have a release from the photographer, who in turn would need to have a release from the model that would allow him to pass on the rights to you. If the Kickstarter campaign is in support of your photography, then that is a completely different question, as it would just be a bad idea to do. Why use someone else's photos to represent your own work? Long story short; probably not a good idea.
Aug 23 13 11:55 pm  Link  Quote 
Photographer
ShotbyRon
Posts: 767
Pittsburgh, Pennsylvania, US


James Croft Photography wrote:
If the photos are not your own, you would need to have a release from the photographer, who in turn would need to have a release from the model that would allow him to pass on the rights to you. If the Kickstarter campaign is in support of your photography, then that is a completely different question, as it would just be a bad idea to do. Why use someone else's photos to represent your own work? Long story short; probably not a good idea.

I would just want a picture of the models who will be part of the project. A professional image would draw more attention then a self shot mirror picture. Of course I would put a disclaimer staying they aren't my photos just so there isn't confusion. But I get what you are saying.

Half of the models aren't close. So it's not like I could go do a quick session or whatever to get my own images.

Aug 24 13 12:09 am  Link  Quote 
Photographer
Loki Studio
Posts: 2,801
Royal Oak, Michigan, US


ShotbyRon wrote:
I would just want a picture of the models who will be part of the project. A professional image would draw more attention then a self shot mirror picture. Of course I would put a disclaimer staying they aren't my photos just so there isn't confusion. But I get what you are saying.

Half of the models aren't close. So it's not like I could go do a quick session or whatever to get my own images.

A disclaimer is not required, but a license by the copyright owner(usually the photographer) to use the images for commercial use is required by Federal Copyright law.  The model may have been granted commercial use of the images, but you need to confirm with the photographer.  Copyright owners and subjects need to give permission for use of photos that endorse or advertise a product or service.

Every photographer needs to have a solid understanding of US Copyright laws and state Privacy laws that apply to publishing photos.  Since there are severe financial consequences for violating these laws, a consultation with a qualified attorney is money very well invested in this Kickstarter project and whole business.

Aug 24 13 03:51 am  Link  Quote 
Photographer
Light and Lens Studio
Posts: 1,042
Sisters, Oregon, US


If you are shooting with an experienced model, one that already has a significant, professionally done port, she may have photos that she has permission to publish for her promotion, in which case you can probably use one of those.  It is nice, in such instances (and may be required) to credit the photographer as well.  The model will be able to tell you which images she has permission from the photographer to use. 

To stay on the safe side, I sometimes ask models that I haven't worked with, to send me a photo that they have permission to publish, so that I may show them to prospective clients.  That way there is an electronic trail of her giving you permission to use the photo that she has publication rights for. (as opposed to just grabbing any photo from her port for which there may or may not be publication rights given to her).
Aug 24 13 04:11 am  Link  Quote 
Photographer
D-Light
Posts: 516
Newcastle, Limerick, Ireland


I assume the project is something to do with your photography. If that is the case and you had to use an image by someone else to promote it, I think many people's reaction would be along the lines of 'this guy must not be much good, couldn't even produce a usable image for self promotion.'

Perhaps it would be better to use one of your own images, even if it's of a different model. It will show case your ability and avoid any risk of litigation. You can always include a statement that the model in the image is not the one in the project.
Aug 24 13 04:44 am  Link  Quote 
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Photographer
GPS Studio Services
Posts: 33,583
San Francisco, California, US


I am confused by what you are calling a "campaign ad."  What kind of campaign?  What is it that you are advertising?

Getting a license from the photographer and a release from the model are the easy parts.  Whether or not it is appropriate or will be well accepted would have a lot to do with what it is you are advertising.

Are you advertising your photography services?  Are you advertising a client's products?  Are you advertising for a project you plan to do and are thus trying to attract models to shoot?  Are you advertising for a product you want to do and are trying to attract investors?

I am really confused by the "campaign" you are advertising.  The entire answer to that question hinges on what the campaign is all about.
Aug 24 13 06:52 am  Link  Quote 
Photographer
L A U B E N H E I M E R
Posts: 8,231
Seattle, Washington, US


ShotbyRon wrote:
I am curious, if I were to run a campaign or something on a site like Kickstarter. If I planned to use a certain models for my project, would I be able to use a professional done photo of her not taken by me in the campaign ad? I feel people might take it a tad more serious if I had photos of the models.

would another photographer be able to use a photo taken by you for their campaign ad?

how would you feel about that? what if their campaign was in support of something you thought was morally wrong?

Aug 24 13 07:08 am  Link  Quote 
Photographer
Thomas Van Dyke
Posts: 1,431
Washington, District of Columbia, US


Loki Studio wrote:
A disclaimer is not required, but a license by the copyright owner (usually the photographer) to use the images for commercial use is required by Federal Copyright law.  The model may have been granted commercial use of the images, but you need to confirm with the photographer.  Copyright owners and subjects need to give permission for use of photos that endorse or advertise a product or service.

Every photographer needs to have a solid understanding of US Copyright laws and state Privacy laws that apply to publishing photos.  Since there are severe financial consequences for violating these laws, a consultation with a qualified attorney is money very well invested in this Kickstarter project and whole business.

+1 QFT

Aug 24 13 07:22 am  Link  Quote 
Photographer
ShotbyRon
Posts: 767
Pittsburgh, Pennsylvania, US


L A U B E N H E I M E R wrote:

would another photographer be able to use a photo taken by you for their campaign ad?

how would you feel about that? what if their campaign was in support of something you thought was morally wrong?

I honestly wouldn't care. If they didn't claim it was their photo, and it was used to help them fund something they were passionate about.

But I will use images I own of the models I plan to use, and headshots or random pictures of models I never worked with. Just so be safe and not piss anyone off.

Aug 24 13 09:21 am  Link  Quote 
Photographer
RKD Photographic
Posts: 3,255
Iserlohn, North Rhine-Westphalia, Germany


I had a model ask me a similar thing a couple of years ago - another photographer she had worked with wanted to use one of my images of her to advertise his lighting workshop!
He'd seen the image in her port and thought it looked just the ticket...

I told her it'd cost him 2.500,- € for a one-off license.

Needless to say, he didn't take me up on my generous offer - cheeky arse!

OP - I get what you're saying, but no - it's better to include a link to her web-page if the ad is online.
Aug 24 13 10:33 am  Link  Quote 
Photographer
Darren Brade
Posts: 2,726
London, England, United Kingdom


Light and Lens Studio wrote:
If you are shooting with an experienced model, one that already has a significant, professionally done port, she may have photos that she has permission to publish for her promotion, in which case you can probably use one of those.  It is nice, in such instances (and may be required) to credit the photographer as well.  The model will be able to tell you which images she has permission from the photographer to use.

I'd say this incorrect. The op is not promoting the model par se , but promoting his project that the  model is part off.

Get permission from the copyright holder.

Aug 24 13 04:01 pm  Link  Quote 
Photographer
L A U B E N H E I M E R
Posts: 8,231
Seattle, Washington, US


ShotbyRon wrote:

I honestly wouldn't care. If they didn't claim it was their photo, and it was used to help them fund something they were passionate about.

But I will use images I own of the models I plan to use, and headshots or random pictures of models I never worked with. Just so be safe and not piss anyone off.

that tears it.

you should care.

Aug 25 13 07:52 am  Link  Quote 
Photographer
Eralar
Posts: 1,776
Sherbrooke, Quebec, Canada


D-Light wrote:
I assume the project is something to do with your photography. If that is the case and you had to use an image by someone else to promote it, I think many people's reaction would be along the lines of 'this guy must not be much good, couldn't even produce a usable image for self promotion.'

Perhaps it would be better to use one of your own images, even if it's of a different model. It will show case your ability and avoid any risk of litigation. You can always include a statement that the model in the image is not the one in the project.

My thoughts exactly. Why would anyone put money on a kickstarter while not seeing what YOU can do with your photography? Better plan a shoot with a model and use your own pictures.

For the legal side, I'll leave you with the good answers you got so far about acquiring the rights from the photographers who shot the images you want to use.

Aug 25 13 10:11 am  Link  Quote 
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