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When you don't own the original photos...

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Old 04-10-2011, 10:06 PM
ElementalSiren ElementalSiren is offline
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Question When you don't own the original photos...

I'm a freelance retoucher, and my goal is ultimately to sell my skills and what I can do. But I don't have access to a photographer, so I've been downloading stock images and various portraits off Google Image Search to retouch. Is there any legal issue in publicly posting (like on Facebook or my website) a "before and after" photo set if a) I include a disclaimer that I didn't take the original photo myself, and b) I'm not looking to sell either the original or retouch? I'd only be using the set to illustrate what I can do, and I'm not looking to profit directly from the images themselves. Am I "safe" in doing this?

Just trying to cover my bases. Thanks.
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Old 04-10-2011, 10:36 PM
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Godmother Godmother is offline
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Re: When you don't own the original photos...

Quote:
Originally Posted by ElementalSiren View Post
Am I "safe" in doing this?

Just trying to cover my bases. Thanks.
No you're not.

Go to these forums: http://www.modelmayhem.com/t.php?forum_id=76

Photographers post images for practice and some even for portfolio use.

Self promotion is not fair use in copyright law.


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Old 04-10-2011, 10:54 PM
ElementalSiren ElementalSiren is offline
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Re: When you don't own the original photos...

Thank you.
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Old 04-11-2011, 12:01 AM
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Andrew B. Andrew B. is offline
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Re: When you don't own the original photos...

Try this place: http://www.sxc.hu/. It's free, and each photo explains its license.
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Old 04-11-2011, 12:42 AM
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0lBaldy 0lBaldy is online now
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Re: When you don't own the original photos...

Quote:
Originally Posted by ElementalSiren View Post
<clip>I've been downloading stock images and various portraits off Google Image Search to retouch. Is there any legal issue in publicly posting (like on Facebook or my website) a "before and after" photo set <clip>.
I believe this would apply to your postings of other peoples images... I know I would be very upset if you used any of my works without my permission, payment or an agreed upon compensation..

RetouchPRO FAQ:

What about Copyrights and Likeness Rights? This isn't a legal guide, just a brief summary about posting here. We aim to follow United States copyright and likeness rights laws, and it's your responsibility to make sure your uploaded images are within those laws. If in doubt, check http://www.copyright.gov.
Copyrighted images cannot be posted without explicit permission from the copyright owner. "Someone put it up on the web" does NOT count as explicit permission. Public domain images can be posted (this usually means at least 70 years old, or formally released into the public domain by the copyright owner) assuming you have permission of anyone recognizable in the image (or their estate if they have been dead less than 50 years).

Images you own can be posted by you if you have permission of anyone recognizable in the image. Posting your image here does not mean you surrender copyright, but it does mean you give permission for other users to retouch the image and upload here, unless you explicitly state otherwise at the time of uploading.

Images you don't own can be posted if permission is explicitly given by both the owner of the image and any recognizable person in the image.

Celebrity images or random images from Google or anywhere else on the internet cannot be posted unless explicit permission from both the photographer and the subject has been obtained.

Changing a copyrighted image in any way does not remove it from copyright.

Pieces of copyrighted images, no matter how small, retain their copyright and all the same rules apply.
"Fair use" and parody protection are problematic to define, but to be safe lets assume neither apply here.

You are responsible for obtaining any necessary permissions for images you upload, and you are liable should anyone choose to enforce their copyright or likeness rights.
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Old 04-16-2011, 04:19 PM
Candidapple Candidapple is offline
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Re: When you don't own the original photos...

This has been so helpful. I am getting my portfolio together and was about to make a "no-no!" Thanks for the websites and tips. It's tough getting started.
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