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06/20/2006 11:16:29 AM · #1 |
Hey i am in the process of a making a website for my photography. But i need to know what the laws are for it. Eg can i take pics at a wedding and put it on my site and its all good. Do i need permission from everybody in the picture. Is there any websites i can look at.
Thanks in advance
Travis |
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06/20/2006 11:21:45 AM · #2 |
| I'm in the same situation... AFAIK you can use the images at a wedding if the couple that hired you say you can. But in reality, what are the chances somebody will say, no I don't want to be on your website? I mean, the bride and groom will be paying to have an online gallery on my website, and I'm not going to worry about who's on my site there. I guess for the main body of the site is the only place you might have to worry. But I don't think it'll be a problem. |
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06/20/2006 11:34:47 AM · #3 |
| I believe you do need to get releases because you are using the pictures for a commercial pupose (advertising). When you have them fill out the contract just put in a blurb how they give you permission to use the pictures to promote yourself. If they have a problem with it you an take that clause out - but odds are they won't. |
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06/20/2006 11:38:52 AM · #4 |
so what if u are doing free work do i own the pics and can do what i want aslong as they know i took the pic
Message edited by author 2006-06-20 11:39:11. |
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06/20/2006 11:46:05 AM · #5 |
First Piece of Valueble advice. 'SEEK A LAWYER'
Second Piece 'CONSULT A LAWYER'
Third thing, Laws differ from state to state. and what is percived or not percived as 'commercial porposes'
Fourth, feel free to check my site at littlegett.com It seems a lot of people want to do flash and use flash templates and such. I hate flash personaly. But, to each their own with design right? I don't use flash. Been learning some basic PHP. and that is what currently is built for my site.
I have model releases for each of the models I have posted. But thats because If I sale prints or such. I have a disclaimer that states the candids are just candids and not affilated with the site or any product that may be seen in the image.
Everyone I shoot 'Unless private sitting' Signs a clause where I can use the images for self promotion to include print and any form of media.
Best thing to do is CYOA... have them sign the contract and everyone is happy. but if they have a problem with generalitze, you can clause it for web promotion only/ and list the website where the image will be allowed.
Lastly and the most important piece of information anyone can give you...
'CALL A LAWYER!!!!!'
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06/20/2006 11:49:49 AM · #6 |
In general, pictures you take are yours and you can use them for any non-commercial purpose. If you put them on the web for a commercial purpose, you should have a release. Finally if you are shooting (weddings for example) and charging for it, you should have a contract and the contract should spell out your rights to reuse the photos and the purposes allowed.
See prior post about getting a lawyer. |
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06/20/2006 12:01:47 PM · #7 |
okay. So what if i go to a Drift day event i take pictures and i post them on a car forum which most people do am i aloud to do this.
Message edited by author 2006-06-20 12:02:00. |
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06/20/2006 12:04:32 PM · #8 |
Originally posted by Trav:
okay. So what if i go to a Drift day event i take pictures and i post them on a car forum which most people do am i aloud to do this. |
I think you'll get a lot of "get a lwayer" answers again but as long as you are A) in public and B) not using the pictures for a commercial purpose, you should be ok. |
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06/20/2006 12:07:33 PM · #9 |
Originally posted by Trav:
okay. So what if i go to a Drift day event i take pictures and i post them on a car forum which most people do am i aloud to do this. |
not necessarrly -(i don't know what a Drift day event is but)
1)if you are on private property you may haveto ask permission
2) some owners may request / demand a property release and or payment to photograph thier property (I.E. cars)
always ask first |
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06/20/2006 12:09:48 PM · #10 |
Originally posted by Megatherian:
Originally posted by Trav:
okay. So what if i go to a Drift day event i take pictures and i post them on a car forum which most people do am i aloud to do this. |
I think you'll get a lot of "get a lwayer" answers again but as long as you are A) in public and B) not using the pictures for a commercial purpose, you should be ok. |
thats the answer i was after. i understand about the weddings and the release form. But i take alot of pictures at public drift day events, promo chicks at public car shows, cars shows, car cruisers, and peoples cars. I pretty much just want this site to have all my pics there not all over the place. For paid modelling photos i would have a release form and for paid weddings.
So am i alright with the above.
Sorry bout all the questions. |
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06/20/2006 12:12:33 PM · #11 |
Anytime you use a photo for commercial purposes (ie advertising your services) you need a release from the people in a photo. That seems kind of straight-forward, but there are loopholes. The best advice is to see a lawyer, but for all purposes getting releases from the wedding party should cover your arse.
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06/20/2006 12:18:13 PM · #12 |
MMmm as far as I have understood you only need a release if you are actually selling your photos or spreading around the prints.
If it's just a sample of your work on your website, you don't need it...but it you are selling that image, then it's different.
Any image you have taken in public is fair game, if you were given special access or permission to an event and want to display those photos that's different. |
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06/20/2006 12:30:18 PM · #13 |
Originally posted by petrakka:
MMmm as far as I have understood you only need a release if you are actually selling your photos or spreading around the prints.
If it's just a sample of your work on your website, you don't need it...but it you are selling that image, then it's different.
Any image you have taken in public is fair game, if you were given special access or permission to an event and want to display those photos that's different. |
okay i don't think u all knnow what im on about.
Eg i go on a car cruise i take 50 pictures instead of posting the picures on the car forum where the crusie was organised. am i legally
aloud to put those pictures on my website. (in my gallery)
i was talking to one of my friends the other day (professioal model) she said if i do paid work i have to have a release form. if it is free work i have the right to do what i want with the pics.
Message edited by author 2006-06-20 12:32:22. |
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06/20/2006 01:04:22 PM · #14 |
Food for thought. How does location factor in regarding legal terms and a website? Do you only have to worry about the laws for the state in which your website is hosted (i.e. - physical location of hosting server)?
If you are doing commercial work do the laws of the state your business is licensed in become the core for legal requirements? Access to your website is global. Do the laws in my state (if different from yours) impact how do you business over the web in any way?
Geez. Contacting a lawyer seems like a better decision all the time. ;^) |
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06/20/2006 01:06:27 PM · #15 |
| I lawyer certified for what state? your state? The one that has the server the pictures are hosted on..? |
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06/20/2006 01:19:46 PM · #16 |
Originally posted by Trav:
i was talking to one of my friends the other day (professioal model) she said if i do paid work i have to have a release form. if it is free work i have the right to do what i want with the pics. |
Is your model also a lawyer? If not SEE EARLIER POST about consulting a lawyer.
YOU ARE ASKING A LEGAL QUESTION HOPING TO GET THE ANSWER YOU WANT AND YOU'RE GOING TO GET BURNED UNLESS YOU ACTUALLY ASK SOMEONE WHO FOR 100% CERTAIN KNOWS THE LAWS.
Message edited by author 2006-06-20 13:20:24. |
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06/20/2006 01:40:30 PM · #17 |
Round and Round...
First... GET A LAWYER FOR WHERE YOU LIVE!!!!.
Next.
Once the shutter clicks the photographer owns the copyright. Which means they are the only ones allowed to reproduce the image. Period.
If you are at an event. Contact the event staff on the rights of photographers.
If you decied to post galleries. On your website. Make sure there is a disclaimer about the images. Not being for sale, Not being affiliated with your company, Not being anything other than images of said event. Free for anyone with internet to see.
Look for a LAWYER where you live. If you sleep in Boise Idaho, thats where you find your lawyer. Were you live. Where your physical pressents is at, is where the jurisdiction lays. And with the ever changing Internet Laws.. You best find a Net LAWYER, also.
Plan and simple. find a Lawyer. Or post just post the images and risk it. thats it. In a nutshell.
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06/20/2006 01:44:04 PM · #18 |
Originally posted by Trav:
i was talking to one of my friends the other day (professioal model) she said if i do paid work i have to have a release form. if it is free work i have the right to do what i want with the pics. |
Your 'Professional Model' Doesn't know what she is talking about.
If you use any photograph where the subject /person/ is identafible and used for personal gain... Ie, selling prints/products/services, you better have a release, or that subject can come back and bite you where the sun don't shine worse than you could imagine.
CONSULT A REAL LEGAL COUNCIL Someone Well Versed in PHOTOGRAPHIC LAWS and INTERNET LAWS and COPYRIGHT LAWS, and wouldn't hurt BUSINESS LAWS.
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06/20/2006 01:47:32 PM · #19 |
Originally posted by glad2badad:
Food for thought. How does location factor in regarding legal terms and a website? Do you only have to worry about the laws for the state in which your website is hosted (i.e. - physical location of hosting server)?
If you are doing commercial work do the laws of the state your business is licensed in become the core for legal requirements? Access to your website is global. Do the laws in my state (if different from yours) impact how do you business over the web in any way?
Geez. Contacting a lawyer seems like a better decision all the time. ;^) |
location matters
I.E. there was a thread a while back about some one who had NASCAR images
on their web site -- turns out NASCAR is very fussy about who can show images of their stuff -- apperntly says so on the ticket ..
& yes contact a lawyer ;)
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06/20/2006 02:15:36 PM · #20 |
If you are not making any money out of the images, and the images do not denigrate anyone or anything (ie you are "doing no harm"), I would save yourself some money and not bother with a lawyer. However, if you are asked to take your pictures down by someone with the appropriate authority, I recommend that you take them down unless and until you get some proper legal advice to the contrary.
Message edited by author 2006-06-20 14:17:21.
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06/20/2006 02:17:57 PM · #21 |
a member of the SC here shoots Steeler games for a newspaper and would post some images here after the game. The NFL stopped him - he was not promoting anything, selling nothing and had permission to take the pics. What he lacked was the NFLs express permission to put those pics here. In a newspaper's sports page, well thats 'editorial' use and requires no release - freedom speech type of thing.
anytime you buy a ticket to anything there are rules and regs on that ticket - most concerts prohibit camera of any kind, so do movie theatres.
You're a bit more safe on public streets - but take a pic of Paris Hilton and put it on tshirts and give them away - they're free, so no problem, right? I bet not.
Car show...on a public street. we many of the here. can you take a pic of Joe's 32 Ford and sell a poster of it? without his permission/knowledge? Most law is common sense - and common sense says no. You own the copyright, so if Joe hires you to take a pic of his car, and you give him the prints he cannot sell them either. he needs your permission.
99.9% of the time if you are hired to shoot something you have the client sign something - the bill/contract/etc. in there should be a release allowing you to use the pics as you see fit for any purpose without further compensation. then you're clear to go have a ball.
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06/20/2006 02:39:18 PM · #22 |
If you are actually shooting weddings as the primary shooter, even if you are not chargning anything, you should still have a contract. This will save your butt in case anything goes sour. I have written in my contract that I can use the images for self promotion, contests, website, etc so that is my "CYA" Just my 2 cents.
June
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06/20/2006 02:41:59 PM · #23 |
Originally posted by petrakka:
MMmm as far as I have understood you only need a release if you are actually selling your photos or spreading around the prints.
If it's just a sample of your work on your website, you don't need it...but it you are selling that image, then it's different.
Any image you have taken in public is fair game, if you were given special access or permission to an event and want to display those photos that's different. |
No, you need a release for any commercial purpose, advertising your services IS commercial purpose.
June
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06/20/2006 07:43:19 PM · #24 |
A lot of the photographers here are giving you the right legal answers, but the wrong legal advice. Again, based on your description of the work you are going to be posting, the advice should be to post photos and remove them as you receive legitimate requests to remove them. The exception arises where you have a commercial reason to respect another's rights: do not post where you want to win genuine commercial work.
The advice changes if you start to make serious money from the images, directly or indirectly (probably in the region of a min. of several thousand dollars a year in order to justify the cost of the advice), in which case you need specific legal advice if you wish to protect your income stream notwithstanding the requests to remove images.
The difference between cheap legal advice and expensive legal advice is principally in relation to the commerciality of the advice you will receive (I am usually on the expensive side, but free here - make of that what you will!).
Message edited by author 2006-06-20 19:45:39.
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06/20/2006 07:47:37 PM · #25 |
From what I understand...
You can use the images in your portfolio no matter what, unless there was a contract (say you were doing work for a specific business and granted access to an area or event and the contract said you did not own the copyright, etc)...or unless you are selling the photograph as rights managed, in which case the person who purchases the rights to use the photo in that geographic location (or whatever geographic location they buy the rights for, including the whole world) has the rights...
Anyway...other than that, anything not listed above can be said to be editorial or fine art, in which case things get complicated, and err on the side of the photographer in most cases...
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Here's my suggestion...use the photos on your website...and if someone asks you to take a photo of them down, just take it down and apologize.
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