copyright etc?

E
Posted By
eugene
Feb 21, 2004
Views
272
Replies
6
Status
Closed
Does anyone know much along these lines. I run a small studio from home. I want to run ads in my local post office and I’m wondering if I need permission from the people whose photos I will use. Or, seeing as how I took the photos, am I free to do whatever I want with them?
—
I’m a failed Christian and if I’m goin’ to Hell
There’s one thing for sure, you’re gonna be there as well!

( Henry McCullough)
Related Tags
copyright

How to Master Sharpening in Photoshop

Give your photos a professional finish with sharpening in Photoshop. Learn to enhance details, create contrast, and prepare your images for print, web, and social media.

TT
Tom Thackrey
Feb 21, 2004
On 21-Feb-2004, "eugene" wrote:

Does anyone know much along these lines. I run a small studio from home. I want to run ads in my local post office and I’m wondering if I need permission from the people whose photos I will use. Or, seeing as how I took
the photos, am I free to do whatever I want with them?

It depends somewhat on where you live.

In general you took the pictures so you hold the copyright. However, you cannot use another persons likeness for commercial purposes without their permission. So, unless you have their agreement, you can’t legally use the photos. Many photographers include language in their contracts which allows them to use the images they take for self-promotion.

—
Tom Thackrey
www.creative-light.com
tom (at) creative (dash) light (dot) com
do NOT send email to (it’s reserved for spammers)
AD
Al Denelsbeck
Feb 21, 2004
"eugene" wrote in
news:c18m7o$q2j$:

Does anyone know much along these lines. I run a small studio from home. I want to run ads in my local post office and I’m wondering if I need permission from the people whose photos I will use. Or, seeing as how I took the photos, am I free to do whatever I want with them?

It’s not a copyright issue. It’s an issue concerning commercial use of likenesses. In the US, for commercial usage (i.e., not journalistic), you need to have a model release. This also applies to pets, buildings, and recognizable property of any kind.

The law gets kinda vague in many areas, and simply because it has not been a problem before does not mean a judge will allow it again. Numerous precedents have been set throughout legal history, and a good attorney will find one that will put money in his and his client’s pockets.

Before I get corrected ad nauseum, there are specific exemptions concerning journalistic usage and/or ‘newsworthy events’. That’s not what we’re talking about here, though. And ‘public view’ has no bearing on the matter, since Right to Privacy laws and unwanted associations with products/services can and will overrule most other factors.

Do a websearch on ‘model release’ to see example phrasing and get an idea what can crop up.

– Al.

—
To reply, insert dash in address to separate G and I in the domain
JC
James Connell
Feb 21, 2004
eugene wrote:
Does anyone know much along these lines. I run a small studio from home. I want to run ads in my local post office and I’m wondering if I need permission from the people whose photos I will use. Or, seeing as how I took the photos, am I free to do whatever I want with them?

I’m not a lawyer, you should consult one if you are in doubt.

but such as it’s worth –
it depends. you certainly own the copyright to the pictures you took. however the people who’s image is captured in those pictures have a right to privacy, they have a ‘copyright’ on their image, in some cases that right is void – people in the public spot light ie: polititions, actors ect. and in most cases people participating in a public activity, such as a sporting event and the like, have given up that right as well (as long as it’s pix of the *event* not stuff shot in the dressing room)

even in these cases if the pix are used with the intent to defame or embarass you could be open to litigation.
the safest thing to do is get a release on everthing.
E
eugene
Feb 22, 2004
Thanks for the advice folks. I’ll simply ask permission. I’m talking about wedding photos here so there shouldn’t really be any big problem as they will all be local people who I know quite well.
Ta,
Eugene

—
I’m a failed Christian and if I’m goin’ to Hell
There’s one thing for sure, you’re gonna be there as well!

( Henry McCullough)
"James Connell" wrote in message
eugene wrote:
Does anyone know much along these lines. I run a small studio from home.
I
want to run ads in my local post office and I’m wondering if I need permission from the people whose photos I will use. Or, seeing as how I
took
the photos, am I free to do whatever I want with them?

I’m not a lawyer, you should consult one if you are in doubt.
but such as it’s worth –
it depends. you certainly own the copyright to the pictures you took. however the people who’s image is captured in those pictures have a right to privacy, they have a ‘copyright’ on their image, in some cases that right is void – people in the public spot light ie: polititions, actors ect. and in most cases people participating in a public activity, such as a sporting event and the like, have given up that right as well (as long as it’s pix of the *event* not stuff shot in the dressing room)
even in these cases if the pix are used with the intent to defame or embarass you could be open to litigation.
the safest thing to do is get a release on everthing.
AD
Al Denelsbeck
Feb 22, 2004
"eugene" wrote in
news:c19tma$s0d$:

Thanks for the advice folks. I’ll simply ask permission. I’m talking about wedding photos here so there shouldn’t really be any big problem as they will all be local people who I know quite well.
Ta,
Eugene

Ah, wedding photos! Throw a rider into the contract stating that prime images may be used as promotional purposes for the photographer – this is fairly standard practice. If anyone has a problem with this, cross it off the contract, and make sure you don’t use any images from that wedding.

– Al.

—
To reply, insert dash in address to separate G and I in the domain
KL
kenneth_lad
Feb 22, 2004
James Connell wrote in
news::

even in these cases if the pix are used with the intent to defame or embarass you could be open to litigation.
the safest thing to do is get a release on everthing.

i agree. whatever you do, don’t go taking pictures of people and then doing stuff like this without their persmission.

http://www.ebaumsworld.com/fatasiankid.html

although we, of course, will find it funny 🙂

How to Improve Photoshop Performance

Learn how to optimize Photoshop for maximum speed, troubleshoot common issues, and keep your projects organized so that you can work faster than ever before!

Related Discussion Topics

Nice and short text about related topics in discussion sections