 BetterPhoto Member |
copy rights I love street photography.I was taking pictures one day and a friend stopped me.I was ready to take a picture of a man drawing a pic.She told that his work is copy righted so I could not take a pic.She stated that I would be profiting from his work if I took a pic.I was more intrested in him and NOT just taking a pic of his work
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robert G. Fately |
Linda, I'm not a lawyer, nor do I play one on TV, but first of all it seems to me that unless you try to sell that photo you are not profiting anyway. SInce the artist is out in the public domain drawing on a street corner, I can't see how you need a release signed just to take a photo. Now, if he (or perhaps the art he drew) is somehow recognizable in the photo and you sell that photo (to a magazine, say) then he has reason to claim you profited from his image. At least, that's been my understanding of this issue - but now I guess I'll see what more learned minds have to offer on the topic.
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Mark Feldstein |
Well, whether it's fortunate or not, I'm a lawyer (I was interviewed on TV once. Does that count, Bob?) but I'm also a full-time photojournalist. Any artists work is protected under the same visual arts copyright laws as our, (photographers). And technically, to photograph a drawing(which is a tangible means of expression) regardless of where you photograph it (in public or private) would require consent of the person creating the drawing assuming it's recognizable in any way in the photograph. You have to understand that the criteria for obtaining a release is not whether you ultimately offer a photograph for sale but whether it's used and/or distributed for any commercial purpose(s) and/or published in print or electronically, in any manner or form. See what I mean? Profit ain't the issue, it's publication and distribution. So, while verbal permission (as a courtesy) would suffice, with that you're still precluded from using that image for anything more than personal purposes. No publication, no stock, no reproduction other than prints for yourself and the subject. The release, if you obtained one, should include use of his likeness and just a simple additional reference to the picture he was working on. That way, you're covered. Oh, and as for "sufficient consideration" tendered in exchange for the artist signing a release, it doesn't have to be money. A print of your photographs of him would be more than sufficient and probably appreciated even more. Understand too Linda, that these days, anyone can sue anyone else for anything, whether it's personal injury or invasion of privacy. A release is your first defense against such claims. And, it also grants you a license of sorts to sell your work in a manner you see fit. Or not. Take it light.
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robert G. Fately |
THank you Mark - I stand (well, sit) corrected.
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Sean Ronters |
U.S. copyright law covers the drawing, not the likeness (photograph of the man). The latter is covered by state law. Some of the states have a recognized right of publicity, others have an established common law action as an unlawful misappropriation of identity or image. The bottom line is that in some states such a photograph could infringe or give rise to a cause of action if your photograph identified a recognizable person and is used for commercial purposes.
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Sharon Day |
I always enjoy these threads even if they do not usually apply to me. I hope you guys will be around as long as BP!
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Sharon Day |
I guess that could be misunderstood LOL. I hope you guys are around for a LONG LONG time as well as BP!
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Mark Feldstein |
MARK <<<<<<<<<<-------heading for the door. LOL !!! I think that Sean and I are saying the same thing. If the photo is for more than your own personal use and giving a copy to the person in the photo, prudence requires that you have a release. But...this raises an interesting issue: If you take a photo of a guy standing in front of a painting with another painting or photo depected in it, who do you need to get release(s) from? Mark
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BetterPhoto Member |
I usually get a release signed anytime I shoot a person. If I'm shooting an artist, I will get two. One for the artist, and one for the art. I like to cover my hoo-ha.
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Melanie Murray |
What a great thread. I used to be so frightened about over-stepping my limit with someone while photographing in the streets. Now I take it with a grain of salt. I'm out there doing what I do best, as we all are, capturing real life. I will always be careful and carry something along with me but for the most part so far, it has been uneeded.
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