Iteresting copyright / rights question

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Efaill

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Nick
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My boss in work belives that a picture of her dog (taken on a beach she was at) by a random tog has now been used by clinton after procuring the pic from a stock photo website.

Now we know if there is a person in the pic you should really ask permission. If it's a random animal then no problem. What if it's someone's pet thought, do you need the owners permission then and are they entitled to any proceedings?

An intrestin question I wondered if someone here might have any thoughts. :nuts:
 
The basic answer is yes you need permission. There is an artical on this sort of thing over at iStockphoto. The pet is a property of the owner and as such should have a property release.

You would have to be very sure however that the picture was definitely you're friends dog however if you were to take this further.
 
chriscrafter said:
The basic answer is yes you need permission. There is an artical on this sort of thing over at iStockphoto. The pet is a property of the owner and as such should have a property release.

You would have to be very sure however that the picture was definitely you're friends dog however if you were to take this further.
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Can't believe that m8 - sorry

DD
 
DiddyDave said:
No rights at all is the simple answer

She should just be pleased her pooch is famous (of sorts)

It's as daft an idea as a farmer getting a commission as there's a sheep of theirs in the shot!

DD
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Thats what I was thinking at first as a pet couldn't argue it's privacy had been intruded upon.
 
I can't find the artical I was talking about at the moment? But I was talking about permission to sell the image not to take the image (just to clarify).

As for the artical, if I can't find it then I guess we'll have to assume I'm having strange 'photographers rights' dreams brought on by the relentless political correctness ****.
 
Here's all I can find in istockphoto's FAQs

When do I need a model release?

If the images that you are submitting have an identifiable human face, then you will need a model release.

No mention of animals - :shrug::shrug::shrug:

DD
 
chriscrafter said:
if I can't find it then I guess we'll have to assume I'm having strange 'photographers rights' dreams brought on by the relentless political correctness ****.
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We all suffer that sort of thing from time to time - don't worry about it

:lol::lol::lol:

DD
 
What if the pet is some kind of animal model?
 
pxl8 said:
What if the pet is some kind of animal model?
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Then it would be hired as such for the job, which is different to the OP's situation/question

I would imagine that the Crufts Champion can be contracted for work, if the same pooch is snapped running along a beach it's owner can hardly expect to raise their contract fee later can they; and it would need some very clear features/markings to be certain it was 'the' pooch at all

DD
 
Sorry I didn't specifically mean the OP's situation, but in general terms if an animal is a model is some kind of release required/used?
 
I thought that if it were in the public domain then copyright doesn't apply, even for famous people etc otherwise the media would be in a bit of bother lol? I guess there was the exception of famous people's kids for safety etc. If it were a famous people/animal being photographed at an event on private property then doesn't copyright come into effect with regard the land/building owner or something? Not sure about this but that was my understanding.
 
Talking of using images I have a slightly different question. I have taken some portraits of a baby. I want to use one of the images for advertising in the yellow pages. I know its my copyright but do I need permission off the parents for using the photo for advertising.

Miss moloko:gag:
 
Did you have any kind of agreement with the parents when you did the shoot about using the shots for promotion, etc? If not I would check first and get a release signed just to be on the safe side.
 
missmoloko said:
Talking of using images I have a slightly different question. I have taken some portraits of a baby. I want to use one of the images for advertising in the yellow pages. I know its my copyright but do I need permission off the parents for using the photo for advertising.

Miss moloko:gag:
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Here in the UK we afford no-one rights to copyright other than the photographer - so you don't NEED their permission if it's for use in the UK, but it's best practice to get that approval beforehand, just so they don't complain if they see it

I tell people who's shots I want to use that they are the best of a bunch to promote my photography as they look so good too, and they are always delighted to be chosen - as an honour in fact - it's all how you position it with them

:thumbs:

DD
 
I thought that if it were in the public domain then copyright doesn't apply, even for famous people etc otherwise the media would be in a bit of bother lol?
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If you are in a public place then you can shoot whatever you like and no-one can stop you from taking their picture, or a picture of any place or object.

You can then sell those shots for editorial use in papers, magazines and on tele all around the world and again, no-one can stop you in any way.

To use images commercially, for postcards, calendars, posters, packaging etc etc, you do very much need permission.
 
Would it not be a property release that is needed in this case, rather than a model release?
 
dazzajl said:
If you are in a public place then you can shoot whatever you like and no-one can stop you from taking their picture, or a picture of any place or object.

You can then sell those shots for editorial use in papers, magazines and on tele all around the world and again, no-one can stop you in any way.

To use images commercially, for postcards, calendars, posters, packaging etc etc, you do very much need permission.
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:agree:
 
DiddyDave said:
Talking of using images I have a slightly different question. I have taken some portraits of a baby. I want to use one of the images for advertising in the yellow pages. I know its my copyright but do I need permission off the parents for using the photo for advertising.

Miss moloko
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Here in the UK we afford no-one rights to copyright other than the photographer - so you don't NEED their permission if it's for use in the UK, but it's best practice to get that approval beforehand, just so they don't complain if they see it
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Er, I'm sure you do need their permission if the image is going to used for advertising or promotion.

Craikeybaby said:
Would it not be a property release that is needed in this case, rather than a model release?
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Yes. A dog is property, not a damn model!
 
It would have trouble signing the release though!
 
Thanks guys think I will give the parents a ring to be on the safe side.

missmoloko:)
 
gman said:
What if it's a very good looking dog? :naughty: ;)
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everyone who sees my dog thinks he's good looking. perhaps too good looking cause they always say 'she's beautiful'... poor fella. mind you if they told him he was ugly he'd bite them!! :D
 
If only the dog is in the picture and it was taken in a public place then...... I think you boss needs to get a life.
 
I'm very confused by this thread, Its my understanding that in the UK...

You can sell anyones or anythings picture as long as they and it where in any public space and not expecting privacy.

Permissions and a model release only apply to children/parents those in care and celebrities or famous people who may have ££ rights on their image type thing.

To me 'commercially' means using someones image to sell something commercial , eg. With the image being the sales tool to get the attention, an advert.


:thinking:
.
 
I feel that it's time to repost the UK Photographers' Rights Guide

And in the last column on page 1 it says that in the UK "photographers are not only free to take photographs of people in public places, but they can use those photos as they wish, including for commercial gain"

There are some areas of untested law pertaining to the data protection act and images of recognisable people which a signed model release will negate.

However, this is an interesting question in the comments section linked to the file and is of most interest to us who take photos professionally and would like to use them.

Comment from: MacGyver [Visitor]
Weddings...

Say I have been hired to take photgrpahs at a wedding, what is the happy couple's legal standings on the negatives?

Cheers
AM

Reply from Linda
It depends what you have agreed in the contract you have made with them. Unless otherwise specified in the contract, the copyright in the photos and the negatives remains with the photographer. But you don't have complete freedom in what you can do with them. The person who commissioned the photographs has certain moral rights in them, meaning that you cannot sell them, distribute them or show or exhibit them in public without that person's consent.
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It's pretty important that we include a section on the use of images in our T&Cs when being commissioned.

The only weakness of the guide is that it doesn't explicitly state that in the eyes of the law with respect to photos in public places that children and the have the same rights (i.e. very little) as adults.
 
Copyrights are a clear uncontested issue across the board. the image maker (photog) is the copyright holder till death plus 50yrs.
Usage of the image gets a bit vaguer and more complicated the deeper you get and the phrase 'intellectual property rights' is something I am coming up against regularly now.
In other words, in addition to the 'identifiable person' theme creeping into the photos taken in a public place, it is also starting to creep into the 'identifiable property' sector too. Unfortunately, dogs, cats and my little pony are increasingly being classified as an individuals property and more and more image buyers are demanding 'property releases' to accompany the photos.
Every turn you take these days leads to a new beginning for someone to take a couple of quid out your wallet

terryodee:rules:
 
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