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Model usage of photos

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  #21  
Old 12-09-2010, 05:36 PM
txphotog txphotog is offline
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Re: Model usage of photos

Quote:
Originally Posted by creativeretouch View Post
Godmother is a retoucher and I think she wanted to say if you as a retoucher do not use the photograph you do not have to worry. It means if retoucher does not use the photograph for his/her self-promotion nothing is going happen as model is using the photograph (not a retoucher)
That may be what she intended, but it is false. If a copyright holder takes exception to retouching done, regardless of who publishes the revised work, and the changes are not legal, then the retoucher is liable even if she did not herself do the publication. That is the point I tried to make earlier.

We still are left with the original issue, which is "what kinds of changes are legal?" without a photographer's permission.
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  #22  
Old 12-10-2010, 02:52 AM
creativeretouch creativeretouch is offline
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Re: Model usage of photos

To be honest I do not understand why you turning this question around and around ...

You already gave an answer to yourself from your point of view ...

I am leaving this post
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  #23  
Old 12-10-2010, 10:35 AM
txphotog txphotog is offline
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Re: Model usage of photos

I came here with this question over three years ago in the hope that retouchers - people who work in the field on a day-to-day basis - would have a firmer understanding of the law that applies to what they do than others. I thought perhaps they - you - would be able to shed light on the question of legal limits to retouching that people who deal with the issue less regularly would not have considered.

I have been disappointed in that expectation. It appears nobody here has considered the question of "how much retouching is allowable absent a copyright holder's permission". And, frankly, that surprises me.
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  #24  
Old 12-10-2010, 06:27 PM
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Godmother Godmother is offline
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Re: Model usage of photos

Quote:
Originally Posted by txphotog View Post
I came here with this question over three years ago in the hope that retouchers - people who work in the field on a day-to-day basis - would have a firmer understanding of the law that applies to what they do than others. I thought perhaps they - you - would be able to shed light on the question of legal limits to retouching that people who deal with the issue less regularly would not have considered.

I have been disappointed in that expectation. It appears nobody here has considered the question of "how much retouching is allowable absent a copyright holder's permission". And, frankly, that surprises me.
Why does it surprise you?

Legality is not really the issue for me.

If the photographer doesn't want the picture edited by the model/model choice of retoucher then I wouldn't do it. IMO you shouldn't do it either

If you do tell the model you need photographers permission, if they say they have it, that's all you need.

NOONE will sue you for retouching the image unless you use it yourself for promotion.


Why I think you shouldn't do it anyway? Because photographers are the ones who really matter for you as a retoucher and if the voice gets around (and it does) legal or not, you won't get work from photographers if they think you don't respect copyright (EVEN if it is legal, wich I don't think it is )

Models won't be your long term clients. That's what you should be thinking about. Again , IMO
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  #25  
Old 12-23-2010, 07:01 PM
myrestor myrestor is offline
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Re: Model usage of photos

In an internet development class I took for college, the professor talked on the subject a bit. They said that if you take any image and change it the new revised version is your work, the items that you used to make it were merely ingredients so to speak. The example he used was taking a picture of the state of Utah and putting a square around it.
Thus it is my understanding that it is legal, however I don't support doing it. I hold the same stance as Godmother
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  #26  
Old 12-30-2010, 01:46 AM
sirrduke2010 sirrduke2010 is offline
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Smile Re: Model usage of photos

First off I am not an attorney so I can't give legal advice. Here is the thing if it is a TFP shoot and the model signs a release the model is really in a disadvantage in all of this. The photographer owning the copyright can revoke her right to use if he or she wants. Now the model would have to prove that they had that type of agreement. The agreement won't be a he said she said because the photographer has the a release in writing. If you want to be sure about your agreement have it in writing and specify what you have the right to do in posting your images. I haven't seen any models using this yet but I think it would be a good idea. Actually if it is a TFP it is a contract between both parties. Since I am not an attorney so I can't give legal advice.
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  #27  
Old 12-30-2010, 03:41 AM
creativeretouch creativeretouch is offline
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Re: Model usage of photos

Quote:
Originally Posted by sirrduke2010 View Post
First off I am not an attorney so I can't give legal advice. Here is the thing if it is a TFP shoot and the model signs a release the model is really in a disadvantage in all of this. The photographer owning the copyright can revoke her right to use if he or she wants. Now the model would have to prove that they had that type of agreement. The agreement won't be a he said she said because the photographer has the a release in writing. If you want to be sure about your agreement have it in writing and specify what you have the right to do in posting your images. I haven't seen any models using this yet but I think it would be a good idea. Actually if it is a TFP it is a contract between both parties. Since I am not an attorney so I can't give legal advice.
Yes, you are right. But please consider that in most cases a model will ask a photographer to create his/her portfolio. In this case a model suppose to pay for this production - it means a photographer (hair stylist, make-up artist, stylist) works for free ...
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