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DPChallenge Forums >> Tips, Tricks, and Q&A >> legal question
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Showing posts 1 - 11 of 11, (reverse)
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06/27/2006 04:07:38 PM · #1
I know you can not sell a picture of someone without a model release, but can you GIVE it away. I mean if I went to a performance and took pics of someone, and someone saw it on my site and asked for a copy-legally can I GIVE it to them?

I need an answer ASAP, if anyone knows as I seem to be being accused of something I'm not really sure about.

THANKS!!!
06/27/2006 04:12:58 PM · #2
As far as I know, that is fine.
06/27/2006 04:14:10 PM · #3
Originally posted by mystical_princess:

I know you can not sell a picture of someone without a model release, but can you GIVE it away. I mean if I went to a performance and took pics of someone, and someone saw it on my site and asked for a copy-legally can I GIVE it to them?

I need an answer ASAP, if anyone knows as I seem to be being accused of something I'm not really sure about.

THANKS!!!


Without knowing more about what your vague accusation remark is about, I would prefer to err on the side of caution, apologize and say that the photo is only intended for your personal use, and that your professional ethics bar you from distribution precisely because you don't have a model release.
06/27/2006 04:15:37 PM · #4
yeah, what is the accusation and who is it by?
06/27/2006 04:19:33 PM · #5
You don't have to have a model release to sell it unless you are selling it for use in commercial applications. It's good ethics to get permission from the person(s) in the photos before you sell them though.
06/27/2006 04:19:38 PM · #6
I recieved an email from a performer accussing me of selling there photos without a model release, which I have not done. They state that I have them for sale on my website, which I don't. I do not know however if I've ever given one to someone and perhaps they are selling it and noting me as the photographer. I don't know, I am having trouble contacting the performers to discuss the situation. I'm worried on may levels, maybe someone is saying they are me and stealing my photos for resale, but I don't even have a sales and ordering page on my site as the performer said I do.
06/27/2006 04:25:09 PM · #7
Well, hope the performers pay bunches of money to get investigators involved so when they find out its NOT you... can use their evidence to sue the guy that is obviously stealing your work. If you're not guilty - you're not guilty and internet scams are so previlant that they rarely hold up in court unless you are a celebrity. :)

Make sure your pictures have a copyrighted emblem on the bottom (or where ever) You can either mail your emblem to yourself or pay the small fee to have it copyrighted - good investment.
06/27/2006 04:33:52 PM · #8
1) Mailing a copy to yourself has no effect on the validity of your copyright claim.

2) If you have a SmugMug account (or similar hosting site), be aware that at some sites, pictures are available for purchase by visitors by default, and that you have to exercise an option/preference to make them not be available -- they may be for sale without you being aware of it.
06/27/2006 04:43:49 PM · #9
Originally posted by GeneralE:



2) If you have a SmugMug account (or similar hosting site), be aware that at some sites, pictures are available for purchase by visitors by default, and that you have to exercise an option/preference to make them not be available -- they may be for sale without you being aware of it.


Thanks you just reminded me I needed to block buying prints from a few Braves games I went to.
06/27/2006 04:44:54 PM · #10
Thanks. I dont know what these guys are talking about, I guess I'll ahve to see if I can ever get a hold of them to find out.

Thanks Again Everyone!!!
06/27/2006 05:47:22 PM · #11
How serious can this performer be if they are making themselves hard to communicate with? If you are sure you haven't done anything wrong, just e-mail them back saying you don't know what they are talking about, and asking what images and where did they find them for sale. If they don't reply, forget about it.

OTOH, if someone did steal your images and is selling them, and the performer sues, you might try to become an injured party to the suit along with the performer, and ask for some money from the thief.
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