Commercial Photography & Models With Tattoo's

Discussion in 'Commercial/Product photography' started by donny1963, Mar 4, 2017.

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  1. donny1963

    donny1963 No longer a newbie, moving up!

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    That is not nonsense, believe what you want, art work is art work..
    Now if this was taken in the streets as an editorial for news story, then that is different.
    How ever that art work was created in a public venue, lets say graffiti on a train, or a brick wall out in public then that was already settled by the courts, WHen a graffiti artist tried to get a pay day from the Producers and creators of the welcome back kotter TV show, when they filmed the tv show intro of a train in brooklyn NYC, he tried to take the tv show to court and get money for using his artwork and it did go to court an the courts ruled that you can not claim copyright artwork that was crated in a public setting on public property that was intended for public view.

    Street Photography is under the frair use laws, you can take pictures of people sitting on the park bench or feeding birds or what ever in public, because that is fair use, How ever such pictures can not be used commercially for profit lets say for an advertisement, Only editorial or even art exhibits, stuff like that..
    But to use commercially you can not, that would even include if you had a magazine or wanted to submit a picture to a magazine like sports illustrated swimsuit and publish a picture of a girl you took off the beach sun tanning or walking along the shore, you can't use that for that kind of commercial use..
    That's why photographers get model releases LOL

    Public fair use don't include using the content for a profit , like the TV show COPS, when the tv show records a police situation and the criminals get in the video, they have to get the criminals to sign a release to air the that on tv, if they don't they have to blur their face out, that is the law, that's why some times on that TV show you see the suspect's face blured out, because they most likely refused their offer to sign the release..

    Most of the time the suspects and criminals agree to sign it because they do pay them for it..

    now if the tv show was not making any money off it, they would not need any type of release and call it an editorial or news fashion, then fair use is in tact..

    So if you take a picture of a building or some sort of landscape and some one is in that picture tattoo or not, lets say they have a tattoo, you can not publish this picture as any commercial use or profit, and you would have to pay the person or persons in that picture and if a tattoo is in the mix then the tattoo artist needs to be paid as well unless he gives you permission to use it with out being paid..
    Believe what you want, but you can not use any artwork and gain a profit off the picture of such artwork


     
  2. limr

    limr Moderator Staff Member Supporting Member

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    I believe this thread has outlived its usefulness.
     
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