Photo Copyright Infringement
- Thread starter glparr
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DaveBien
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"Public Place" means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.â€Â
720 ILCS (Illinois Complied Statutes)
Thus, privacy issues typically arise when an image is used for purposes of trade or advertising. That is, it’s not the picture, but how it is used that determines the need for a release. For instance, an image that is printed in a newspaper, shown in an exhibition or reproduced in a book might well be immune from a privacy suit. But the commercial sale of coffee mugs or t-shirts with the same image would probably not enjoy such protection. An advertisement almost certainly would not be immune.
Therefore, if you are on an advertising assignment, you will need to collect releases from every person in your shots. News assignments are a little trickier. You are always better off if you have permission to photograph your subjects and can prove it. But it’s not always possible to get permission and, in the U.S., you can report the news without it. Lacking a release, however, you are limited in how you can license the image later on.
Copyright 2007 American Society of Media Photographers, Inc.
Saving the known Universe one photograph at a time!!! :strooper:
720 ILCS (Illinois Complied Statutes)
Thus, privacy issues typically arise when an image is used for purposes of trade or advertising. That is, it’s not the picture, but how it is used that determines the need for a release. For instance, an image that is printed in a newspaper, shown in an exhibition or reproduced in a book might well be immune from a privacy suit. But the commercial sale of coffee mugs or t-shirts with the same image would probably not enjoy such protection. An advertisement almost certainly would not be immune.
Therefore, if you are on an advertising assignment, you will need to collect releases from every person in your shots. News assignments are a little trickier. You are always better off if you have permission to photograph your subjects and can prove it. But it’s not always possible to get permission and, in the U.S., you can report the news without it. Lacking a release, however, you are limited in how you can license the image later on.
Copyright 2007 American Society of Media Photographers, Inc.
Saving the known Universe one photograph at a time!!! :strooper:
karenL
Premium Member
Dave
I took some pics of you at January's meeting/swap
I have placed the pics on some coffee mugs and have a rather large order for them
sure I did a little photo shop work on you and knucklehead
but I think it's rather tasteful
would I get in trouble for filling these coffee mug orders
I took some pics of you at January's meeting/swap
I have placed the pics on some coffee mugs and have a rather large order for them
sure I did a little photo shop work on you and knucklehead
but I think it's rather tasteful
would I get in trouble for filling these coffee mug orders
To “display†a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
What Is Infringement?
Copyright is a bundle of exclusive rights. Section 106 of the copyright law provides the owner of copyright in a work the exclusive right:
To reproduce the work in copies;
To prepare derivative works based upon the work;
To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly;
To display the copyrighted work publicly
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Section 501 of the copyright law states that “anyone who violates any of the exclusive rights of the copyright owner ...is an infringer of the copyright or right of the author.â€Â
http://www.copyright.gov/help/faq/faq-infringement.html
What Is Infringement?
Copyright is a bundle of exclusive rights. Section 106 of the copyright law provides the owner of copyright in a work the exclusive right:
To reproduce the work in copies;
To prepare derivative works based upon the work;
To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly;
To display the copyrighted work publicly
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Section 501 of the copyright law states that “anyone who violates any of the exclusive rights of the copyright owner ...is an infringer of the copyright or right of the author.â€Â
http://www.copyright.gov/help/faq/faq-infringement.html
DaveBien
New member
#1) I believe Ill law parallels federal law as far as "public place". And action can be brought in either state or federal civil court. Its not a matter of copyright rather personal privacy that I bring up. Especially since the photos were comissioned for use in commerical promotion. (I'm not a lawyer but have played one in the past, lol)
#2) Karen, anyone silly enought to buy MY image at the swap is more then welcome to it. But 10% sounds fair to me !! And make sure you 'copyright' them.
#2) Karen, anyone silly enought to buy MY image at the swap is more then welcome to it. But 10% sounds fair to me !! And make sure you 'copyright' them.
glaspie69
Premium Member
I don't mean to intrude of "your" club forum or cause any hard feelings with this post.
To be honest with everyone this has to be one of the MOST irresponsible threads I have ever read. All that was asked was to stop using some pictures, it's his right to ask he took them. This is a website used by new and old members alike, what type of a picture are we as a whole painting for people looking to join clubs.....that there a joke, that if you ask something from someone you'll be riticuled for it, not just once but over and over 30 or 40 times. It's not funny, at all. All that was needed was a simple "can we use your pictures" it's not that hard to ask permission. Jason
To be honest with everyone this has to be one of the MOST irresponsible threads I have ever read. All that was asked was to stop using some pictures, it's his right to ask he took them. This is a website used by new and old members alike, what type of a picture are we as a whole painting for people looking to join clubs.....that there a joke, that if you ask something from someone you'll be riticuled for it, not just once but over and over 30 or 40 times. It's not funny, at all. All that was needed was a simple "can we use your pictures" it's not that hard to ask permission. Jason
reefman133
In Memoriam
You people amaze me, first of all Gary has no affiliation with UF other then he is a member, and photographed the UF RR swap. All the people running their mouths and making light of the situation are the same people that think stealing software or downloading illegal music are ok. Reefers are some of the coolest and biggest douchebags I know. Should UF post the RC articles? maybe do it without permission. I do also find it funny that for the longest time you couldn't post UF here, but now that you want to bash it, its allowed...says a lot for RC
MrMexReefer
In Memoriam
::grandpa simpson voice:: can he say that??
BreadmanMike
New member
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