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portfolio copyright
if I don't have a model release for a picture does that mean I can't print it for my portfolio or put it on my personal site? Apr 13 05 05:41 pm Link I'm not a lawyer, and this isn't legal advise, but the answer probably depends on the laws in your state. The short answer is if you're using someones image for a commercial purpose (like self-promotion) you could be held liable for damages. You'd be a LOT better off to try to get a release. And now, pardon me while I duck the flames and other flying things. Apr 13 05 05:49 pm Link You may want to check the copyright laws in your state but by and large, whoever takes the picture owns the copyright. That's the basic answer. There may be other variables that could affect copyright ownership but I'm not 100% sure of your situation. I always get a release form signed. In this very litigious society, it's unfortunately a very necessary document to have on file, just in case! Rich Apr 13 05 05:52 pm Link yeah i always get releases too just to be safe...but i think thats sad that you can only use stuff for your own portfolio only if you have a release...that sucks Apr 13 05 09:35 pm Link i should go to law school! so uch is a mystery to me Apr 13 05 09:35 pm Link Nah- no good- I went to law school- graduated Magna Cum Laude- and I still have no idea about this copyright stuff. The best advice is get a release for everything. Most models will be much more willing to sign restricted promo releases- of course if your paying- full commerical release is expected. From clearing off the cobwebs in my brain- there is a lot more to consider than just copyright- there is invasion of privacy and some stats have "upskirt" laws too. Use releases. Apr 13 05 09:51 pm Link Get a release. Even though you own the copyright if you're going to display it online for the world to see then you need a release. I wouldn't really worry too much about having it in your book. Apr 13 05 10:03 pm Link If you take the photo and aren't a paid employee of a company that you take the photo for (for example, Playboy likely owns the copyright to images taken by their photographers), then you own the copyright. Owning the copyright doesn't give you the right to use the image or even show it to anyone. For that, you need a model release, either a limited or unrestricted model release. That's the rules as explained to me by my studio partner, who is a lawyer. This may not apply in your juristiction, but it does in my province, and quite likely in all of Canada. Apr 13 05 10:20 pm Link in every state, if you took the photo you you own the copyright.it can not be used to sell a product.but it can be displayed for your self promotion.in most cases it can even be sold to a publication but not for the sale of a product. i know this cause i used to be the b/w printer for the origanal papparzzi(yeah i kbow i spelled that wrong) Ron Gallela.the guy that had all the restraining orders from Jacky O and about 20 other people. lol Apr 13 05 10:39 pm Link use it for your portfoilio your cool..and safe Apr 13 05 10:42 pm Link true Apr 13 05 10:43 pm Link I third that! If it's ONLY being used for self promotional use, you're safe. The Copyright Law of 1975 specifies that, as well as the fact that you own the copyright as soon as you click the shutter, unless you sell the rights to someone else. And that is International Law, not by state or even country. Apr 13 05 10:52 pm Link model releases do a few things, they protect the model form having her slandered or just put anywhere, but they also allow you to use the images commercially. also you have a way of prooving the age of the model as well. portfolio and things like that you should be okay, people take public photos all the time. that is another thing there are certain rules on public photography too and what is considered propped photography where you set up have a model posing in manhattan or just photograph a bunch of people walking down the street. I would like to see some legal advice sections on sites like this. It woudl help a lot of us. Apr 14 05 11:16 pm Link Posted by DAvid: As far as I know, as long as you are not making money off of the image you have the right to use it for self promotion. I would definately talk with your model and see if they are okay with you using it, but legaly they wouldn't have any say on it if it doesnt directly put money in your pocket. Apr 15 05 01:32 am Link Everyone should understand that this is a business and understanding copyright laws is a must. Start by looking at ASMP's book on copyrights. It's the ownership of your work no matter if it's a self project to commerical work. These are the areas you need to define as ownership, even if you look at my pictures I have two covers for MetroParent & AfricanAmerican Parent magazines.....I had a contract with them for them to only have usage for that issues and the image still remains mine as copyrights...Understand what it is your clients or models need of usage. And with anything beyond that you have written in a contract, well just make sure they understand the usage of the work. Just becasue someone wants to physically own the film the rights if not stated is owned by it's creator....guys 28yrs in the business you better know what your work is worth. Apr 15 05 10:08 am Link I carry model release forms with me. Take the shot, then get them to sign it. Public places are more tricky.... Apr 15 05 10:13 am Link You can use it for your portfollio. You can use it for your web site, so long as you don't sell anything on your web site, you don't sell copies of the photo and your site isn't a "pay" site. I absolutely cannot be used in advertising. It still can be sold for art or journalistic publication. Apr 15 05 05:08 pm Link Posted by Brian Kim: After having an issue with a model a few years back, threatened me with legal action for posting pictures on two portfolio hosting sites...who did in fact sign two releases for prior shoots, but didn't sign a third one for the third and last shoot (I ran out of forms)...and paid her $175.00 for "Modeling Compensation" which she cashed, and I can prove it, "she can go jump in the lake" according to one well known former professional model turned IP attorney in CA.. BECAUSE it is not being used for commercial purposes, simply self promotion which is covered in the rights granted to copyright holders the moment that image is created into a fixed form....like pressing the shutter release and the film being exposed / the CF card writes the image... in addition to this, this image has not been "published", .....which can be argued both ways.. I never allowed any other company or person to duplicate that image, if they did, they would be committing an act of infringement according to US Copyright Law. .....in addition to this,....for portfolio hosting sites,.....who is paying for what? Are you a premium member of any portfolio hosting site....where you have to pay to display your work? Well, if you are like me, you pay, not them paying you... and as far as MM goes, I would personally not upload those images here until they begin premium service....then once you join, and pay, you have even more of an argument supporting your claim that this is not publication, nor is it commercial use......so they can go pound sand!! Apr 15 05 05:33 pm Link I've seen on some sites that the ability to download a picture is diabled, and if you "right click" the image you get a copyright notice. Does anybody know how to do that? I'd like to do that on my site. Apr 17 05 09:43 am Link David most of the people on here dont have a clue as to what they are talking about. My advise is listen to Alex and buy the ASMP copyright book so you can have piece of mind. The web site is http://www.asmp.org/ and here is the book http://www.asmp.org/publications/asmp.php Posted by DAvid: Apr 17 05 02:15 pm Link From what I know, you can legaly use the pictures in a portfolio OFFLINE, but can not use them persay online. AND you cant legaly make profits off the pictures. But in a normal porfolio, as long as they are your pictures and you have the Negitive (with is why i will use 35mm till the day i die) you should be fine. Apr 18 05 01:26 am Link after doing some more research, self promotion is a commercial purpose. sucks...i guess i need those model releases fro m when i first started shooting Apr 18 05 11:58 am Link Posted by DAvid: Oh ! Oh! I have the answer! You may use the photo for a physical portfolio book (private use only), but may not post the item online or make them publically known for personal gain with out a model release form. (a little fun factoid I learned at the last photography workshop.) Apr 21 05 12:04 pm Link Portfolios aren't self promotion. They're proof of quality history. Self promotion is a fancy name for advertising by a proprietor owned company. Showing previous work falls under "fair use" and you don't need a release. Plus, a lawsuit can't begin without a cease and desist letter. If someone doesn't want you showing their image in your portfolio, they have to tell you, and give you adequate time to take the image out of your portfolio. A good book you guys may want to pick up is: "The law (in plain english) for photographers" by Leonard Duboff Apr 21 05 12:29 pm Link Posted by davepgusa: From what I've seen, even the right-click protect doesn't actually protect your image. A friend showed me that she could pull my image off in a second. Apr 21 05 01:02 pm Link HWat Reese said. Internet portfolios can very easily be construed as publishing/advertising. Print books are just your resume. Apr 21 05 01:04 pm Link Posted by HDellinger: Nothing completely protects your image if it is viewable. If they can see it, they can copy it with a screen capture if nothing else. You can make it harder for people to do so by using javascript to prevent right clicking, cutting up the photos to make them difficult to download and reconstruct, or even putting everything into a locked Flash file so they can't be used. Apr 21 05 02:07 pm Link Posted by BadPhotographer: Yep!! Apr 21 05 02:39 pm Link Yeah... it sounds like E-mac's throwing some truth out there. My understanding is this: If you shoot it, you have every right to use if for FINE ART and JOURNALISTIC purposes (hence, how Diane Arbus and the paparazzi got/get away with their work)... It's when you cross the line into commercial usage that everything gets real tricky... Apr 21 05 03:01 pm Link Posted by davepgusa: David, Apr 21 05 03:34 pm Link Posted by Blacklist Visual: Remember, if you sell your FINE ART, it's commercial usgae. Apr 21 05 03:43 pm Link Posted by Rebecca Ellison: Posted by DAvid: As far as I know, as long as you are not making money off of the image you have the right to use it for self promotion. I would definately talk with your model and see if they are okay with you using it, but legaly they wouldn't have any say on it if it doesnt directly put money in your pocket. NOT TRUE if the pose is nude or in any way brought to court as damaging to her reputation by the model or her agents! Apr 21 05 08:37 pm Link From what all I hae actually read... from an older book at the library... the actual process to legally copyright an image is VERY complex and a very drawn out process including submissions to the Federal Copyright Office. Any comments or has that been changed from what I have read? =Dan. Apr 21 05 09:18 pm Link Posted by ActionShots Photo: From the US Copyright website ( http://www.copyright.gov/circs/circ1.html#wci ): Apr 21 05 09:30 pm Link ok here is MY question.. it seems it is just easyer and safer to get a copywright signed so where can can we get an example of a copywright form? or somthing that woul show us what we need in it? Apr 21 05 09:37 pm Link Posted by Britt: Posted by Rebecca Ellison: Posted by DAvid: As far as I know, as long as you are not making money off of the image you have the right to use it for self promotion. I would definately talk with your model and see if they are okay with you using it, but legaly they wouldn't have any say on it if it doesnt directly put money in your pocket. NOT TRUE if the pose is nude or in any way brought to court as damaging to her reputation by the model or her agents! Absolutely correct! Owning the copyright gives you the right to keep the image and look at it YOURSELF. If you show it to anyone (hey, look.....here's "name the famous person" naked with her legs spread) in your print portfolio, and it gets back to that model, you're screwed! You'll hear from her lawyer. My studio partner is a lawyer and he's very clear on this. Apr 21 05 10:00 pm Link http://www.copyright.gov/ That's the website for the US Copyright office. Rather than asking us to reiterate the contents of that site, read it. Start with their FAQ. see also: http://www.benedict.com/ http://www.whatiscopyright.org/ http://www.templetons.com/brad/copymyths.html Apr 21 05 10:22 pm Link Posted by theda: ::::Reese scratches kudo point for Theda on Theda's tally sheet because she agrees with Reese:::: Apr 22 05 08:42 am Link |
