Advice needed from Photographers....

[Annalise Lane]

A few months back I had a photo shoot with a photographer here in Alberta... From that photo shoot I got all my new pictures you all have seen. ( the red outfit pictures)

The reason they are not on my site is because he wants me to sign a release. But if I do that then he has rights to them, which I'm not comfortable with.

SO... My question is....

Can I legally put them on my site without getting into trouble with him ?

 

[Hollybaby]

??

Did you pay him to take pictures of you? Or did you do an exchange of each other's time? If you paid him, I believe you have the rights..but if it was an exchange, then I think he does.

Have you offered to buy the rights from him? Myabe he would be reasonable about it. Or you could tell him that he can have the rights if he gives you 30% of any profit he might make off of them.

Sorry I can't be more helpful than that..

 

[Annalise Lane]

Holly, He took the pictures for free because he doesn't get many bbw's wanting sexy pictures. There was no exchange of services or time.

The model release will give him rights to put the pictures where ever he wants to on the net and I'm not comfortable with that. However, I would like to place them on my site without a big fuss from him.

~ sigh ~

 

[IQof10]

Hi Sweetie

NO. With no model release neither of you can use them for commercial purposes, even if you paid him or he paid you. You can draw up a model release with restrictions that is suitable for both of you.

 

[Chantal]

Question?

Did you get your negatives?

 

[Annalise Lane]

Did you get your negatives?

It was all digital - I have the contact sheets.

 

[Darr]

re trade photos

1Qof10 is correct. Your best bet is to agree to use, if necessary of specific photos only, and for specific purpose ie for use only on your and his website.
If he will not agree to that count it up to experience and get photos taken byCoCo.

a photographer

 

[Curious Boy]

SO... My question is....

Can I legally put them on my site without getting into trouble with him ?

13(2) Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration, and the consideration was paid, in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright.
http://www.digital-copyright.ca/discuss/3847

How far do you want to push this? If you publish them, and he tries to get compensation, then lawyers will likely get involved. If lawyers get involved, the absence of a written contract means the argument will centre around intent. Money may not have been exchanged, but there must have been some understanding between the 2 of you before the session took place. That agreement (written or unwritten) is the basis for this debate.

Did you approach him?

Did he know you wanted to use them commercially?

You could argue that his payment was the use of your images to further his portfolio.

I agree that a new photo session with another photographer would probably be the easiest solution.

 

[Annalise Lane]

okay... a new photo session is in order... thank you so much for all the advice.

 

[curvy_nympho]

Photo Rights

Annalise,

Once you sign a release stating that he can use the pictures, they will end up EVERYWHERE! He can then sell them to various websites or magazines.

I did a photo shoot for a major magazine over 4 years ago that I was paid a flat fee for by the photographers. I signed a release. The photographers have sold my pictures about 10 times to different magazines. They showed up in another publication just this year again!!!!! (FOUR years later!) They have made MAJOR money by selling my pics multiple times.

I would suggest getting a new set done where you have all the rights!

If you are ever in Vancouver, I would be happy to do them for you. I have done erotic photos for years of other people and myself! I also have lots of fun props!

Bella

 

[Gentleman First]

If you wish to discuss this with me

Just PM me your ph #.
I am a professional photographer and will help you sort out some of the legal details, and can also provide you with blanks to different releases that you can use for any future shoots if you wish.

 

[Yman]

Everyone can be a winner !!!

IQof10 raises a good point about writing a simple agreement to clarify use suitable for both parties.

Annalise, it sounds like the photographer was under the impression that his doing the photos for free was going to give him opportunity in experience and or for his own promotion. And at least he is being upfront with you by asking for a release at this time. And it's equally fair for you to ask him to place certain limitations on how and where he shows those images and that the images are not for sale to a third party. And if he wants to sell the images you could explore the idea of profitting too-- if that's of interest to you? And if the images go on his website you can ask him to obscure your identity and to watermark the images so they can't be misappropriated and misused. It's unfortunate that these things were not discussed beforehand.

And the link by Curiousboy is helpful, but any time lawyers are involved, lawyers are the only winners. Unless you're a full blown celebrity who makes millions annually , a lawsuit for unauthorized use of image will see a paltry settlement-- usually less then your legal bill. The problems is ascertaining an amount of compensation and the amount the photographs generated. Damage to character is difficult to assign a value. Unless the sale of those photos generated a lot of money ( which has to be proven ) and I'm talking many thousands, then the legal course will only cause headache. But if you're a millionaire with money to burn and you just want to teach someone a lesson.....

Anyhow, good luck.

 

[Bryan Ward]

Image usage

It's really very simple. If you are the initiator of the photoshoot, the photographer (Canadian law) only has moral rights to the photographs. The works may not be artistically changed and the photographer has a right to be associated with the works. the only issue would be how you will get your images. You will either need a cd or prints, but once they are in your hand, you can put them on your site. So order your images and go to town!

WWW.BWP.CA

 

[Sexy BBW]

Do not encourage the fat chicks

Excuse me?!!?

 

[shedevil]

Don't get a tread off of topic either

Do not encourage the fat chicks

Annalise is a well respected member and a paid advertiser looking for help.

This has nothing to do with who she is...

Get lost already. SHAME!

If it's not your cup of tea, don't drink it. You know?

"Nothing is free"-- He is looking to exploit you.

Anna, the pics that you post here can be copied and sent all over. Speaking from experience, I get pictures done with my PC handy and install their software on my PC to avoid that. I would never let them walk away with the camera without emptying on to my PC

I also prefer to pay and have it as a business transaction because you never know, right? They are awesome pictures. If you have no control over where they are going and who has them, I can understand why you are pissed.

I would call a lawyer or find one here....

Future reference, look in to getting a watermark program, this will not stop all of it, but it will stop your pics from being copied from your site well as the board and any other place that you advertise. Next time, pay for the pro, or get a good buddy to do them.

I am so sorry to hear that.

Take care.
SD

 

[Annalise Lane]

Annalise is a well respected member and a paid advertiser looking for help.

This has nothing to do with who she is...

Get lost already. SHAME!

If it's not your cup of tea, don't drink it. You know?

"Nothing is free"-- He is looking to exploit you.

Anna, the pics that you post here can be copied and sent all over. Speaking from experience, I get pictures done with my PC handy and install their software on my PC to avoid that. I would never let them walk away with the camera without emptying on to my PC

I also prefer to pay and have it as a business transaction because you never know, right? They are awesome pictures. If you have no control over where they are going and who has them, I can understand why you are pissed.

I would call a lawyer or find one here....

Future reference, look in to getting a watermark program, this will not stop all of it, but it will stop your pics from being copied from your site well as the board and any other place that you advertise. Next time, pay for the pro, or get a good buddy to do them.

I am so sorry to hear that.

Take care.
SD

Thank you for your kind words !!

I went opition two and had a new photoshoot done, and paid for FULL rights to my pictures. The second set done a few weeks ago are much nicer then the red set. So I'm glad I spent the money and invested a full afternoon - well worth it when looking at the old ones verses the new ones.

The next set I do will be when I'm ... mmmmm smaller !!

Never mind the moron rilf he/she/IT seems to be pissed or not getting enough sex !! Poor little minds need something to play with since they can't seem to find their mojo.

 

[ScottyTwoHotty]

A few months back I had a photo shoot with a photographer here in Alberta... From that photo shoot I got all my new pictures you all have seen. ( the red outfit pictures)

The reason they are not on my site is because he wants me to sign a release. But if I do that then he has rights to them, which I'm not comfortable with.

SO... My question is....

Can I legally put them on my site without getting into trouble with him ?

As a graphic consultant who works for magazines throughout North America, yes you can post them. All you have to do is alter them. Trick is: Post the originals on a private site then alter the photos and post them here on a public site. Altering can be as simple as a small watermark.
Canadian law states that a copyright photo can be used for private use only. However the way around it is to post it in a private web site, group, or community. Photos are taken from the internet all the time and manipulated. Once a photo is manipulated, the copyright on the manipulated photo is void, however the copyright on the original photos is still valid.
As well, being that PERB is a web site that requires members to apply, it is by Canadian standards, considered a private web site. Posting photos in PERB, even with a copyright on the originals is legal as your not posting your photos publicly. Posting the copyright version on your own personal web site however (if its public) would be an infringment on the copyright, UNTIL they have been manipulated.

Scotty

 

[namara]

Thank you for your kind words !!

Never mind the moron rilf he/she/IT seems to be pissed or not getting enough sex !! Poor little minds need something to play with since they can't seem to find their mojo.

Yeah, Rosy Palm and her sister...