copyright and my website - what photos can I display

Discussion in 'Photographic Discussions' started by chelle526, Apr 11, 2008.

  1. chelle526

    chelle526 TPF Noob!

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    Hi all,

    I am new to the forum and I do not know if this has been discussed. I am a freelance photographer about to take my business to the next level. I am currently building a website and I am inquiring about what photos I can include on it. I am a concert photographer and would like to display my work, however I have found some grey area on the legal side of what artist's images I can display. I know that as a photographer I own the copyright to whatever image I capture, however I have read some things about the artist's label copyrighting their likeness, etc. I was not paid for my services - more of a trade for tickets and I have not/will not sell my photos. I know that there are fan sites where people regularly post photos from concerts - would this be any different? any advice????

    thanks
     
  2. Miaow

    Miaow TPF Noob!

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    Maybe you could ask the artists if it's ok to include pics of them on the site?
     
  3. craig

    craig TPF Noob!

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    Why was this issue not discussed with the band prior to taking the photos? If you shot signed or even unsigned bands then in all fairness you should get their permission before posting. Since you are taking your business to the next level then it is super important to act in a professional manner. Contact the bands, promoters, label, or most importantly a lawyer who is familiar with this kind of question.

    Love & Bass
     
  4. RMThompson

    RMThompson the TPF moderators rock my world!

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    Doesn't this fall back to photographer's rights? As long as you aren't selling the image as a commercial picture, you have the right to sell any picture you take. (mostly.)
     
  5. Judge Sharpe

    Judge Sharpe TPF Noob!

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    Actually, a person can not be "copyrighted", only original works. A person's face maybe "trademarked" meaning it can not be used for commercial purposes without a licence, such as a signed release, in any fashion such as a photograph, painting sketch, etc. The exception being a news photograph like they do to the "poor" Paris girl when she is in public. Copyright protects your photos, writings, paintings, designs, from copy. There are exceptions for certain uses.
    If you expect to make a commercial gain from your work, based the notoriety of the subject, get releases from the subject.
    JS
     
  6. TheLostPhotographer

    TheLostPhotographer TPF Noob!

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    A person's face can be Trademarked??? Really!

    The law in the UK is possibly different (although, I understand that it's pretty much international for obvious reasons).

    If the person being photographed is deemed to be the subject of the photograph then some form of model release is required. This is the case whether the subject is famous, or not.

    Summat like that, but please don't quote me - I'm no lawyer.
     
  7. Socrates

    Socrates TPF Noob!

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    Don't get your advice from complete strangers that quite possibly know nothing more than you do. Spend a hundred dollars with a lawyer. In most (all?) states, you can call the County Bar Association first. They'll select several lawyers based on your description of the issue. The deal then is that your first visit (and ONLY your first visit) is a fixed charge, regardless of time involved! Ten years ago, the price was $50.
     
  8. RMThompson

    RMThompson the TPF moderators rock my world!

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    Check this article out.

     
  9. Jeff Canes

    Jeff Canes No longer a newbie, moving up!

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    But the re-disruption of a live event is copyrighted
     
  10. skieur

    skieur TPF Noob!

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    Infringement of trademark law involves either "passing off" or confusion.
    Passing off is, for example, using a copy of a Nike trademark to suggest that any old shoe was made by Nike. Confusion is using a similar colour and designed container as Coke to contain any old brown drink.

    None of these would apply to a photo of a face even if it was "trademarked", so therefore there is NO infringement of trademark law.

    skieur
     
  11. molsen

    molsen TPF Noob!

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    you can display the pics...you just can't sell them unless the band said it was o.k. to
     
  12. JerryPH

    JerryPH No longer a newbie, moving up!

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    Probably the best thing to do was already mentioned.

    Go see a real lawyer, not ask people that 50% haven't a clue and the other 50% don't live in the same country as you and the laws are different.

    Best 50-100 bucks you can spend. Get everything in writing or digitally recorded.
     

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