My tone is very similar to TWO "tones" posted on this very thread that I have copy and pasted below.
I won't be back, I've contacted the OP and made my statements.
I am curious to know what your concern is, as entering your daughter in such an event seems to suggest you would want such attention?
Isn't a pageant something like "take a little girl, slap some coat of makeup on her face and let her walk down a catwalk in the hope of some people admiring her and her mother?
I won't make any statement on the quote above about yesterdays post, it is my own personal opinion and that's all.
But about the copyright thingy: There are hundreds and thousands of websites out there showing photos which are free to download, distribute and use. (eg. flickr.com, just as an example where I took a lot of pictures). So without knowing exactly the source where kris got the photo it is not ok to accuse her of theft!
Just a neutral example: If you buy a car and some time later the cops are at the front door and tell you this car has been stolen, are you a thief? Or just a poor wretch you bought a car somebody claimed it was her own?
That's the point in the whole discussion...
BTW, I myself did retouch-work for customers in the past and would NEVER EVER publish them without their permission since anyone could download them from my website and do whatever you can image.
You might try asking kris of which photo she originally got and where she got it from. If it's the retouched one, you know who published it probably
WHOA!! Slow down!
Reading between the lines, here is what I believe the REAL issue is. Someone (who is no longer posting on RetouchPro) posted a picture of some young girls and asked for help in retouching it. The original post was over a year ago.
Then yesterday, the mother of one of the girls in the picture came across the thread, recognized her daughter's picture and understandably upset since she has the only copy of the picture, posted an inquiry about where the digital copy came from.
The mother's concern is that the picture might be floating around the internet. Not that it was released into cyberspace from this forum, but that it existed in cyberspace BEFORE it was posted here. AND she would like to locate it and find out how it came to be there.
Harsh words from us won't help her.
I did a web search and all I was able to come up with is that the person is named Christy and she is from Amory, Mississippi. Dunno if that helps or if the two of you moms are from the area, as neither of you have anything listed in your profiles, but that is what I found. And I wanted to bring up that the person did not appear to be using your photos, except as an example of an effect she wants to replicate in her own work. Maybe you two should contact the person who took the photos and ask where they may have been using them, since you say you have never put it online or given a copy to anyone else who may have put it online.
One of the links I came up with when searching for tzfotoz was a contest someone was doing for pageant retouching. But I could not find her or anything that she did there. Still, though, maybe your photographer has used your children and their photos somewhere online, and maybe that is how "christy" came across it. ?
I'd like to join Margaret in asking everyone to please slow down ... now and in future ...
'Pageant' is a very controversial topic and everybody is entitled to see it the way they want and to express their opinion ... and for me that's all there is to it ...
But the problem here was the non-allowed presence of those pictures in the Internet ... I understand it must be very disturbing to realize pictures of your children have somehow 'leaked' in the Internet ...
I guess Kris, the original poster, simply found and downloaded them during an Internet search on 'pageant' and only wanted some help in learning the techniques on how to achieve similar results .... (we have at least one professional pageant retoucher here at RP..) ... from his/her side no real harm intended and done ... so ... 'steal' is a bit excessive ....
... You are absolutely right in trying to trace back to the first (real) leakage ... It surely shouldn't happen ... more so if you invested a lot of money to get the services of "professionals" ... ...
However, aggressiveness, accusations and insults, particularly if thrown in the wrong direction (the pictures actually only 'landed' here ... ) ... even if the outrage behind them might be justified, never helped anyone ....
Last edited by Flora; 06-06-2005 at 08:15 AM.
Must admit that if private pictures of my kids came up on any forum (without me doing it), I would be just as upset as the person on here. I think the pictures should be removed ASAP, and one of the mods contact the original poster by Email to request some info on where the photo came from.
Also the original file name they downloaded would be a good place to start a trace. I've done it in the past and found a great deal of info. If you know the original photographers name, this may also trace the picture back.
Well she didn't take much tracing. If you get no reply from the user in question, I have info you may need to contact her direct Try contacting the webmaster of this site http://www.udesignimageworks.com/EXAMPLE_2.htm as there are photos of hers on there too
Last edited by chrishoggy; 06-06-2005 at 08:58 AM.
Kristy is a photographer and she recently began to try her hand at retouching her own photos (I've retouched some for her in the past). In my experience, if she has the "un-touched" version of a pageant photo (which no one ever sees) she was either hired to retouch it, given it as a "test" of her retouching skills, or she took the photo.
Looking at the photo it does not look like it came from one of the big name pageant photographers. The photo was most likely farmed out to someone to retouch...perhaps it was Kristy? If not her, maybe someone she knows that needed some help.
There are no malicious plots here. Take the pageant drama back to the Pink Board and please Moderators remove the mother's photos from the board.
Additional thought: Retouchers do not necessarily need parental permission to use photos in their portfolios etc. If the photographer has a release they can extend that to the retoucher. Copyright remains the property of the photographer not the client. They may get a release if they plan to use a photo in advertising, but for their own use they do not need it. This doesn't apply to posting on boards or randomly on the web, of course. An honest mistake I think.
Last edited by grafx; 06-06-2005 at 12:01 PM. Reason: another thought
i dont see any malicious intent here either. best guess is, a photographer takes pictures. they build a portfolio to sell themselves to others. that portfolio is going to contain shots they've taken in the past. i'd certainly do it and not feel the least bit guilty about it either. that i might also put part or all of that portfolio up on the internet, the greatest advertising 'agency' since madison avenue, is no real surprise either. and likewise, if i'm retouching for business, i'd also want my work seen.
but, this whole issue does raise some interesting points. in an age where 'kiddie porn', child abductions, and other child crimes have come more to light and seemingly more prevalent, as a parent i'd also be a bit concerned over such things as having my child's image blazoned over the internet. yet, you can still go to almost any web site where photos are posted and find children's pictures a plenty. so, it's not as insidious as one might seem. but, it does raise the question of who owns the photos a photographer takes. as a photographer, i say i do. as a client, i might also say i do. so, perhaps in this age of music, software and video piracy, photography shld start setting some standards along these lines as well. i've lots of photos i took years ago and would think nothing of posting them and do definitely consider that these are MY photos and that i dont need anyone's permission to do so. but, perhaps this is changing and in a lawsuit happy society, the wise photographer might want to start covering their behind and get up-front agreements before taking the shots.
and that's only one part of it. what about if i simply go to a pageant of the kind in question, or, for that matter, a sporting event or some other public venue and just take photos without it being on a commission basis? would i need to get releases from those i took the shots of before i could post or sell them? do sports photographers have to get releases from those they take pictures of before they can sell their shots to a newspaper or magazine? and what about the shots of celebrities taken without their permission? if i take a shot of some famous star and the local tabloid will pay me good money for it, surely those folks arent getting a release signed first. and if the photo in question was obtained in that manner at a child pageant, would i need the parent's release before i could post or sell it? i think not. i'm not saying that's the case here. this is just an additional question on the matter.
but back to the issue at hand, putting myself in the place of the two folks originating about their child's photos showing up on the internet. i think i'd be a bit surprised and perhaps a bit upset also. i made a contract with a photographer, a private contract for that person to take pictures of my child. i think i would not expect those pictures to suddenly show up on the internet without the photographer first contacting me. it's more or less a private deal when talking about a commissioned work, sort of like between oneself and one's lawyer, or oneself and one's confessor. you just dont expect it to go outside those walls. realistically, it does, as in the case of portfolios and so on.
and, taking this one step further, if i commissioned a photographer with my intent being for me to sell the work he produced, i would most certainly want a formal contract stating conditions. i dont think that's the case here either; just happened to think of it.
so, it's an interesting question. i dont know that there's any current legal answer. the thing i'd do is simply contact the folks involved and ask them to remove the pics and i'd guess that in 80-90% of the cases, they would. for that other 10-20%, well, that would be up to the individual how they wanted to pursue it or if even to pursue it. it sounds like the biggest issue here is 'how the heck did pictures of my child that i thought i owned exclusively, suddenly end up on the internet?'. and to that end, the obvious solution is simply to ask and trace the trail.
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