if it doesnt show your face there really isnt anything you can do
"Borrowing" Pictures
- Thread starter splat
- Start date
You can sue him if you don't sign a model release. In the past i have had to file suit against an athlete/sponsor from a different sport who though it'd be ok to take photos I shot of him, and give them to a sponsor to use in their catalog. They both argued because he was in them they belonged to him and his sponsor could do whatever they wanted with them. Apparently, athletes don't read they waivers they sign before they compete.
edit: biggins - wrong. He has to be "not easily identifiable". Just blocking out a face doesn't make a difference if he has tattoos, piercings, recognizeable uniform or sports gear etc. In a case where it was completely unrecognizeable, no model release is necessary. Otherwise, he still couldn't use the picture, but Max also couldn't sell it for any commercial purposes. He would still be ok with editorial though.
yeah, from my experience i always carry model releases in my backpack if i am going to be shooting pics of people that might be marketed in any way be it digitally or print....better to cover your ass than have it handed to you....
Transcend has it right once again. It doesn't matter whos in the photo, copyright is copyright. For comercial use I would need to get a release, and would get one. If it were another forum like RM you would get a call/email from me requesting you take it down.
Hey, let me ask you a noob question. If I were say walking down the street and saw a person that looked interesting and snapped their picture, would I have to then ask them for permission? I've always wondered how that works.
No, but you'd have to ask their permission if you wanted to sell it. Of course, it's always more polite to ask, and you are less likely to get punched out.
That doesn't work so well for candid shots... That's why I was curious.
shoot first, ask questions later?
basically, if someone uses a pic that i took on a forum, providing they give me credit, i do not have a problem with it. i would prefer if they asked for permission, especially if i don't know them well. i'd get pissed off if someone took one of my pics and took the credit for it, failed to give me credit, used it for some commercial purpose(magazine, etc.), or did not ask permission(i wouldn't always get pissed off if all someone did was fail to ask me for permission, but if they were repeat offenders or i didn't know them well or at all i wouldn't be pleased).
this thread makes me wonder if i should do anything to protect my photos on my site, even though i am not making a profit on them i do not want anyone else to without my permission. i can't watch over every single place where the pic could be used so this would just be some insurance.
this thread makes me wonder if i should do anything to protect my photos on my site, even though i am not making a profit on them i do not want anyone else to without my permission. i can't watch over every single place where the pic could be used so this would just be some insurance.
Lutze is a good guy he gave me credit and plugged my site for everything i gave him...must be some sort of mishap here...
LOL, that doesn't sound like any copyright law I have ever heard of! It's really very simple. If you didn't take the photo yourself, then it's not your to use without permission. End of story.
exactly. plus it's not like everyone can just quickly whip up a watermark for their pics. i don't have any photo editing software on my mac. all iphoto is good for is importing images over from my p&s camera.
You have no obligation to watermark your photos.
Yeah, maybe I simplified that too much.
But how hard is it to through the trouble to threaten or file a suit against the offending party? Sounds like a few people here have actually had to do this. For regular Joe-Blow taking a picture, it might be more trouble than it's worth. Is it? I really don't know. It might be easier to just watermark it then to go to the trouble of hiring a lawer.
oh i know he is a good guy...he didnt poach the pictures from here...someone else did (i know who) and submitted them for a report on a bike function a few months ago here in asheville.....
ope its pretty easy most lawyers will jump at the opportunity cause they knwo they will win......
How is a watermark going to solve the problem anyway? A large watermark will compromise the quality of the photo. A small one can be cropped out. And if the implication is that the watermark constitutes credit, then that is still not OK if the owner of the photo didn't authorize the use of it. Credit is not automatic permission to use someones work, permission must still be recieved.
Well see, that's cool to know. Another question, how do you prove that a digital photo is an original? Obviously in the old days, you had the film and the negatives. Is there an equivalent for digital?
BeerDemon, I see your point.
I woulda just sent an invoice, it's that simple. Here is what you owe me for unauthorized usage of my work. Thanks.
It's completely pointless if you don't make money from your photos. You have nothing to prove as damages, at most they will get a letter demanding they remove said photos.
It's even easier on 1 series cameras with this in mind. My Exif data includes my name, company name as well as the camera body SN. Each file also starts with _T2A. This is unique to the camera body and is tied to the serial number. It is also buried in the exif.
yeah unfortunately i didnt really want to burn bridges with friends that are cool as well as could prove beneficial resources in the future ya know? i mean they were the scrap crap pics anyway from the shooting that day....tried to look at it as a more sound business decision than burning a bridge as an up and comer.
cool. i guess i should put my business name in there instead of my actual name though huh? i am set up as DBA single employee sole proprietor right now
I appologize if this sounds convoluted or incoherent. I recently had shoulder surgery, therefore, I am totally jacked up on pain meds. I'm actually borderline drooling on myself. Having said that, here it goes.
My web site is used for the purpose of selling my work. I also have it there to use as an online portfolio if I ever get off my ass and try to sell my services aside from print work. If some one wants to "right click" and "save as" to use my pictures on their desk top, that's fine with me. I never intended to make money selling desk top or screen saver pics. As always though, I would appreciate being contacted and asked for permission. I don't really expect it though, since it's so easy to just do it with out going through the hassle of contacting me. Being that they are only screen resolution, I don't worry about people stealing them to make prints.
The real concern then is a person using my online photos for commercial use in web advertising or some other web use where the requisit quality is there. The only option I have then is to utilize the "right click disable" script when developing my site, which I didn't. I guess I'm just not that worried.
As for any confusion about copyright laws, I offer this info as part of my © statement on my site. http://www4.law.cornell.edu/uscode/17/
My web site is used for the purpose of selling my work. I also have it there to use as an online portfolio if I ever get off my ass and try to sell my services aside from print work. If some one wants to "right click" and "save as" to use my pictures on their desk top, that's fine with me. I never intended to make money selling desk top or screen saver pics. As always though, I would appreciate being contacted and asked for permission. I don't really expect it though, since it's so easy to just do it with out going through the hassle of contacting me. Being that they are only screen resolution, I don't worry about people stealing them to make prints.
The real concern then is a person using my online photos for commercial use in web advertising or some other web use where the requisit quality is there. The only option I have then is to utilize the "right click disable" script when developing my site, which I didn't. I guess I'm just not that worried.
As for any confusion about copyright laws, I offer this info as part of my © statement on my site. http://www4.law.cornell.edu/uscode/17/
I try to get as much photo credit that I can get. Am image of mine is on the Oakley news website for the RoShamBo premier. I wish I got photo credit but I'm fine with not getting it.
what if you take the pics using borrowed gear? do you still technically own the pictures? i'm just curious because i used a borrowed camera up at mount snow and will use it again this coming weekend. i don't expect my friend who i'm borrowing it from to take credit or anything, but we do have some friends who are sponsored who may want the pics for their sponsors and i don't know how i feel about him giving them away like that. i guess you could say that i sort of have a personal attachment to my pictures.
In all honesty, If you post something in a Public Forum, them there really isnt anything you can do about it, and thats the chance you take whe you post something like that.
Oh yeah, and as far as Owning the picture, Once its Publicly Open<IE public forum> its public use, and at that point you should have watermarked/tagged in someway to show its yours.
Oh yeah, and as far as Owning the picture, Once its Publicly Open<IE public forum> its public use, and at that point you should have watermarked/tagged in someway to show its yours.
There is plenty legally you can do about it. The question is only if it is worth the trouble to you. Edit: and it's NEVER public use/ The same way a CD or DVD isn't public use, even though you can hear it on the radio.
If a painter creates a water color master piece using borrowed brushes, does the painter own the art, or does the lender of the brushes own it. That's a pretty straight forward, common sense situation. The creator of the art, vision, concept, idea, etc. is the owner.
i haven't made a dime from any photograph, but i still don't want people using them without my permission. For people who think it's cool to steal photos, i ask what's so hard about asking for permission? Takes a minute to pm or email someone...
wrong......