Use My Photo? Not Without Permission

Discussion in 'Photographic Discussions' started by abraxas, Oct 6, 2007.

  1. abraxas

    abraxas No longer a newbie, moving up!

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  2. oldnavy170

    oldnavy170 TPF Noob!

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    I am a member of Flickr and have known many people to have their photos taken. For some reason I still upload my photos but to be honest I hope it never happens to me. I guess I take that chance when I post my photos on the internet.
     
  3. abraxas

    abraxas No longer a newbie, moving up!

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    From what I understand, the ad agency used the photo without obtaining a model release. The photo was shot and the photographer placed the photo online under 'creative commons' as -ok- to use commercially if credit is given.

    From my POV, the photographer had no right to issue such a license and the ad agency had no right to use the shot without a copy of a signed model release.
     
  4. Mesoam

    Mesoam TPF Noob!

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    to my knowledge most free online hosting goes something like once its posted it is open to public domain...B.S for sure but then again its free hosting...

    once i get a site done all of my photobucket pictures will be removed
     
  5. Sideburns

    Sideburns TPF Noob!

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    Ya, but it's not the photographers rights to give away. Without a model release you can't use a recognizable person in an ad campaign.
     
  6. craig

    craig TPF Noob!

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    Fascinating case. It will certainly be interesting to see how this one plays out. The Susan Sontag excerpt really sums it up for me.

    Pleassee! If anyone is serious about their images know and understand local and global copyright laws. Before posting!

    Love & Bass
     
  7. jedithebomber

    jedithebomber TPF Noob!

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    Sorry, but your wrong. In fact I cut this snippet out of the photobucket TOS.

    Photobucket does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site,you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or via the Services, you hereby grant to Photobucket a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Site and Services...

    In fact there have been some legal issues in the past couple years weather someone can actually release something into the "public domain" outside of the standing copyright expirations. You do however give Photobucket or other site an unlimited license on you work. Flickr on the other hand has no such statements in their TOS and allow you to set your own license.

    Getting back to the topic at hand. I believe the original photo was CC licenced as attribution only. Meaning the company that took the photo had every right to use it any way they wished as long as they attributed the original photographer. If the photographer did not have a model release it is my understanding that while he had ever right to post the photo, he could not grant any sort of license on the work. Although I am fuzzy on the whole taking pictures of people in public thing.
     
  8. Garbz

    Garbz No longer a newbie, moving up!

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    The ad agency is not in the wrong. If it's under creative commons it's open to use. (depends on which version but i'm sure they looked at that) The photographer had no right to put a creative commons licence which allows commercial use (and yes there are others) without a model release. It's the same as stock images. A company doesn't need a model release to use a stock photo, but the photographer needs it before it gets uploaded.

    This is my logical interpretation, no idea how this pans legally.
     
  9. castrol

    castrol TPF Noob!

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    I don't get it.

    Virgin Mobile. They are NOT a little mom and pop operation.

    1. Why do they feel the need to use a photo found on the internet?
    2. Why do things like this even get this far? Hey little girl... how about we
    give you $5,000.00 for letting us keep our billboard with your picture on it?
    No? Okay, $10,000.00.

    The advertising alone is worth way more than that.
     
  10. Garbz

    Garbz No longer a newbie, moving up!

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    1. It's not a spectacular picture but if it is what they wanted then they should go for it. Why set up a dedicated and fake shoot to get exactly the same and possibly a worse result.
     
  11. Battou

    Battou No longer a newbie, moving up!

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    I do not believe a model release is necessary in a public photography giving the Photographer free rein over the use of the photo.

    I could be wrong but, Unless Virgin Mobile arranged this shot and/or the shot was taken with the intent to sell to Virgin Mobile or if the Photographer Informed the subject and neglected to state anything about model release forms, there is no fault or leagle violation.

    But Like I said I could be wrong.
     
  12. danalec99

    danalec99 TPF Noob!

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    For web, use low rez images at all times.
     

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