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PostPosted: Tue Feb 05, 2008 5:25 am 
Not that I'm planning to go pro anytime soon, this is more of a curiosity.

Let's say that you take a shot of someone at a public place (it could be a candid portrait or amateur sports shoot). The model is unaware that you took their picture.

Let's say then that your picture is good and a maganize or someone else wants to print it. You sell it to them.

Can the model later claim any sort of % on the $ you made or even pursue further legal actions?

Basically...who "owns" the photo? Is it 100% yours ? I assume it varies by country?

thanks


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PostPosted: Tue Feb 05, 2008 5:45 am 
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Joined: Sat Dec 22, 2007 10:43 am
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Location: Copenhagen, Denmark
I don't know about other contries, but i think i know the danish rules. If I got it right, you aren't allowed to take pictures of other people without their permission, assuming that they're the main motive. Not even in public places.
It is however allowed to take pictures of other stuff in public places (building etc.) and if other people is in them it's fine, as long as they aren't the primary motive.
But as i say, i have no clue about other contries.

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PostPosted: Tue Feb 05, 2008 6:05 am 
in the US. (at least Idaho) If you shot someones house there is a form you And they have to sign. if you take a shot of people in a park, there is a form. If the subject is under 18 there is 3 forms, under 16 there is 4 forms. if you think about taking a photo there is alot of forms.
NO JOKE :evil: :evil: :evil: if you are to take photos of a wedding you have to have a bond for at leat $5000.00!!!!!! and more forms!!!!!


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 Post subject: what the ...?
PostPosted: Tue Feb 05, 2008 7:11 am 
Had no idea it was so restrictive. Of course, if someone took a pic of me and suddently it shows up everwhere, I wouldn't be very pleased (unless, of course, it is a good picture :wink: )

What about when shooting sports? Let's say you go to a soccer match and you take a good shot of Beckham (not Victoria...David). Surely you dont need his consent??

Does it change at all if I sell the photo?

thanks


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PostPosted: Tue Feb 05, 2008 8:29 pm 
Yeah i agree with Ronan if i took a picture of crazy Brittney Spears couldnt she potentially bring some kind of charge on me.. who knows :shock:


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PostPosted: Wed Feb 06, 2008 2:18 am 
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Joined: Tue Nov 08, 2005 3:32 pm
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Location: Queenstown, New Zealand
If you're photographing in a venue, like a concert hall or sports ground, then your ticket should have some info. So while you can photograph for your own personal use, if you then want to sell it, you have to play by their rules.

On the street I think it also depends how much the person is part of the shot. If they'ye in the background, then you'll probably be ok, but if it's a portrait (known or otherwise), then you'll need their permission to use it professionally.

Pros often carry release forms for this very purpose... although if you think you've got a winner, you may want to approach them and just ask their permission to use it. Maybe show them the photo and offer to send a copy to them.

Gordon


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PostPosted: Wed Feb 06, 2008 12:12 pm 
Well I live in Australia and have no idea what the law about it is over here but as far as I know about the us is that in the public you can take pictures of people (would be better to ask there permission so it's not weird) but im pretty sure it's not against the law unless they are like sus photos of little kids or something but if you want to sell the photo or even put it on the web you need a release form. Saying that "I allow the photo (normally have a copy of the photo or a photo number (that the camera makes) on the forum) to be print in a magazine or posted on the web, not in any pornography way" and so on (im not a lawyer) if you do take a photo and sell it to a mag they wont be taking a %%% they will be taking a lot of your $$$$$$$$ in court and you will be #$%#& that you did use a release form. Now these forms are easy to get just type in photo release forum into google and there are a few. But I forgot to say that you can take a photo of someone but if it is identifiable you don't need no form so im pretty sure you can just blur out the face. I think what they do in these big magazines is just photoshop the people out of the photo or something.

But I think generally taking a photo and putting it on the net would be alright if your an amateur photographer but if you don't want to take the risk don't put it on the net. Also as far as I know there are two different forms that cover everything, People forms and Properti forums.

People Form - This forum on it as written was I said above and it has a space where it has if "Under 18 sign here guardian sign above" Type of thing.

Property form - Is a forum which the owner or a person representing the owner (think that person needs to give you proof that he is representing the owner) has to sign if you are taking a picture of a house or a car that is not your own. But most of the time people don't care that you are taking picture of things like that.


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PostPosted: Thu Feb 07, 2008 1:06 am 
Gordon is very right. I carry at least 4-5 copies of a release form in the event I do happen to shoot some interesting candids. And his suggestion of showing them the photo and then sending them a copy rings true. I often send a 8x12" copy of the image to the person and a thank you note.

With regards to sports and concerts, fortunately as a part time photojournalist, I am able to get access and less restriction when I do happen to cover such events, so this has not been a big issue for me.


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PostPosted: Thu Feb 07, 2008 8:20 pm 
if you are on public property (property that the city/county/state owns (speaking in the USA) you have full rights to photograph and maintain 100% ownership of that photo. I am not too sure about under 18, but I learned the laws in a class I took at a local college, if you find someone doing something in their house from the street, as long as your in the street you can zoom up and take all the photos you want and do whatever you want. Private property (meaning someone other the county/city owns it, there is a lot of loop holes yet a lot of no no's. its a sticky situation, releases are the best way to go, you don't want to one day find out your getting sued.


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PostPosted: Thu Feb 07, 2008 9:05 pm 
emp93 wrote:
Yeah i agree with Ronan if i took a picture of crazy Brittney Spears couldnt she potentially bring some kind of charge on me.. who knows :shock:


I think the if your Brittney Spears you would want the photographers after you. To sum it up. the more of you(Brittney) in the mags the more people will read, the more they could buy your crap. thus they make money by just you taking their photo.

Nick


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PostPosted: Fri Feb 08, 2008 10:48 am 
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Joined: Mon Dec 10, 2007 1:15 pm
Posts: 511
Just found something interesting about all the debate around the Intellectual Property field.

It's an audio interview. It's pretty long though, about 1 hour if I remember correctly; but as Chase comments on the page... "Damn worth the listen"

Here is the link:

http://www.chasejarvis.com/blog/

I'm reffering to the topic titled, "Lawrence Lessig Interview: Photography and Creative Commons".


This is also a link to Creative Commons' site:

http://creativecommons.org/


Thomas


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PostPosted: Wed Feb 13, 2008 2:06 am 
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Joined: Thu Oct 25, 2007 12:06 pm
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Location: Seattle (Home) ~ Taipei (Work)
I can only speak about submitting work to stock agencies. Here's what I've learned so far. If you are photographing people in a public space it can only be used as 'editorial' work without a release. If submitting work I've done with a model I have to submit their work with a signed release. The laws in every country, province, and city can be very different so always check with the local authorities about your rights as a photographer.

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