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Thread: am i breaking the law?

  1. #21

    Default Re: am i breaking the law?

    Quote Originally Posted by vaxvms View Post
    vali subjective.........how abt pic taken by paparazzi? some magazine also kenna sued big big
    They are sued due to the invasion of privacy. Its different in this case since the father already gave the permission. The paparazzi example does not apply here.

  2. #22
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    Default Re: am i breaking the law?

    wat hapen if someone take a macro len and shoot in ur face?
    sue or no sue?
    or punished them in ur own way

  3. #23

    Default Re: am i breaking the law?

    Hi, how about this? Since this is started, i have a question too. What if on the street i took a picture of a very photogenic couple, whether is it a posed shot or candic, and subsequently i wanna print out the shot and maybe use it commercially i.e. display it in my store example a bridal store?

    so my question is, when i take pic of them, who own the rights of the pic? will i be sued for using their pics commercially?

  4. #24
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    Default Re: am i breaking the law?

    I'm no expert in this field, but It kinda feels....technically not breaking the law, but morally wrong. If I'm going to publish/display the person's photo in public, I would seek their opinion if they are comfortable or not.
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  5. #25
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    Default Re: am i breaking the law?

    Quote Originally Posted by xpression View Post
    Hi, how about this? Since this is started, i have a question too. What if on the street i took a picture of a very photogenic couple, whether is it a posed shot or candic, and subsequently i wanna print out the shot and maybe use it commercially i.e. display it in my store example a bridal store?

    so my question is, when i take pic of them, who own the rights of the pic? will i be sued for using their pics commercially?
    You, the person who took the photo, own the rights of the photo.

  6. #26

    Default Re: am i breaking the law?

    AFAIK, copyright and usage rights are two different matter. One can have the copyrights but not the usage rights.

  7. #27

    Default Re: am i breaking the law?

    Quote Originally Posted by niteblade View Post
    Hi friends, i took a great picture of a newborn baby and submitted it to join a photo competition. However, after submitting the picture, the father has told me that he doesnt want his son's photo to be up (although babies all look the same and he posted my pictures on facebook -.-)

    am i obligated to withdraw my submission?

    who owns copyright to the picture? me(because i shot it) or him (because the baby is in it?)

    and legally, who is in the right?
    Legally you own the copyright or not and if it is right or not, you have missed the common courtesy to ask for permission from the subject's father.

    You may win in the court as technically you own the copyright, but won't be good for any future relationship... Just like winning a battle but lost the war...

    But they may also win if they believe the image that you submitted defame the subject.

    Good luck.

    Regards,

    Hart
    Last edited by Agetan; 3rd July 2011 at 04:26 PM.

  8. #28
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    Default Re: am i breaking the law?

    I like this subject. I think it is ok to take photo of stranger for personal viewing. However if the stranger demand you to delete it, you are oblidge to do it.
    If you wish to post his photo, you should seek his permission. If ther are commercial value, he is entitle to a share. If his picture forms just a part of the entire photo, it is a different story.
    Any lawyer care to enlighten?

  9. #29

    Default Re: am i breaking the law?

    Hmmm.. okie, so i own the rights of the photo. but if i wanna enlarge the picture and display it in my store, will i be sued or something? this is something that i until now i'm not sure.

    coz once in a while when i go out for functions or even on streets, sometimes i do take pics of couples, posed or candids, and i'm thinking of displaying some of them in my bridal store. yes, they are not in wedding dress or anything, but i tot puting one or two photogenic couples pics will somehow brighten up the store. will i be sued for doing that? thats the question. wonder if someone can enlighten?

    Quote Originally Posted by tehzeh View Post
    You, the person who took the photo, own the rights of the photo.

  10. #30

    Default Re: am i breaking the law?

    I'm not a lawyer, but my understanding is that the moment the photo is taken/created, you are the legal copyright owner.

    However, for all of those scenarios, put yourself in the other persons shoes:
    If you were the father, how would you feel if you didn't want your newborn child's photo published, but the photographer still went ahead anyway?
    How would you feel if you saw a photo of you and your partner in a retail store, promoting services or a photoalbum? What if you broke up since then? What if your next partner saw the photo in the bridal store?! haha, ok maybe that one's a bit farfetched, but you catch my drift :P

  11. #31
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    Quote Originally Posted by Shibari
    I'm not a lawyer, but my understanding is that the moment the photo is taken/created, you are the legal copyright owner.
    Actually there is an exception. If money has exchanged hands and the photographer is paid no matter what amount, the copyright automatically goes to the commissioner of the work (person who paid) unless otherwise stated in a contract.

  12. #32

    Default Re: am i breaking the law?

    WHERE did you get these gems of misinformation?

    Many of these situations have been covered in CS before. You are not OBLIGED to delete jack if a stranger you photograph in a public place doesn't like it, not in Singapore anyway. Unless perhaps he is obliging you with his fists. You may want to do it out of courtesy, not to create a scene etc, but pls don't think there is some legal obligation.

    As for seeking his permission to post a picture, or 'sharing' the gains from commercial use, go ahead, but pls don't list those as facts or legal requirements without getting them straight in the first place.

    It would be nice, but I doubt a lawyer is going to offer free advice on the forum

    Quote Originally Posted by Bukitimah View Post
    I like this subject. I think it is ok to take photo of stranger for personal viewing. However if the stranger demand you to delete it, you are oblidge to do it.
    If you wish to post his photo, you should seek his permission. If ther are commercial value, he is entitle to a share. If his picture forms just a part of the entire photo, it is a different story.
    Any lawyer care to enlighten?

  13. #33
    Moderator catchlights's Avatar
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    Default Re: am i breaking the law?

    yes, I doubt there is any lawyer who want offer free consultation,
    and those people who have paid for the consultation, will not be willing to share the info for free too,
    so I guess if you want to have the answer, you need to pay.
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  14. #34
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    Default Re: am i breaking the law?

    I guess these is no single correct or wrong answer. Most would not mind if the photo is being used for general display and non commercial. I can't imagine a lady photo is taken then posted on playboy without her consent.
    Taken shot on individual is very tricky. I was taking shots on a child playing at a playground. Her mother asked why and it is not ok to take photo. Well, I deleted her photos. Afterall, there are so many fishes in the ocean.

  15. #35
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    Quote Originally Posted by Bukitimah
    I guess these is no single correct or wrong answer. Most would not mind if the photo is being used for general display and non commercial. I can't imagine a lady photo is taken then posted on playboy without her consent.
    Taken shot on individual is very tricky. I was taking shots on a child playing at a playground. Her mother asked why and it is not ok to take photo. Well, I deleted her photos. Afterall, there are so many fishes in the ocean.
    It'll be super cool if we can shoot streets and have pictures that come out like they belong in playboy.
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  16. #36
    Moderator catchlights's Avatar
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    Default Re: am i breaking the law?

    Quote Originally Posted by Bukitimah View Post
    I guess these is no single correct or wrong answer. Most would not mind if the photo is being used for general display and non commercial. I can't imagine a lady photo is taken then posted on playboy without her consent.
    Taken shot on individual is very tricky. I was taking shots on a child playing at a playground. Her mother asked why and it is not ok to take photo. Well, I deleted her photos. Afterall, there are so many fishes in the ocean.
    it is a common knowledge to photographers not to take any photos of minor without parent consent and present,
    don't waste your time on these.
    Shoot to Live, Live to Shoot
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  17. #37

    Default Re: am i breaking the law?

    It also depends.. according to intellectual property law, copyright applies automatically as soon as the work is produced and copyright on the work lasts for the entire lifespan of the person, and 70 years after his death. if 2 identical or similar works are produced reasonably at the same time, there is no copyright infringement.

    There is an exception stipulated in intellectual property law. If the art, film etc is produced during the course of work, the copyright belongs to the company.

    While the law also say that photography is legal as long as it's not in restricted area and does not intrude anyone's modesty or contan any nudity. but i think u also need to take into account the feelings of your subject lor..
    Last edited by Prince Photogenic; 6th July 2011 at 11:43 AM.
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  18. #38
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    Default Re: am i breaking the law?

    Err yes there is and we use it on a daily bases. Release form in another name is call Model Release Form. In this case there no need to have a release form. You need a release form when u pay or get someone to do a "performance" which your picture is deem impossible without the model or talent's "performance. A model doing a pose is that performance
    Last edited by singscott; 10th July 2011 at 10:06 PM.

  19. #39
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    Default Re: am i breaking the law?

    Err yes there is and we use it on a daily bases. Release form in another name is call Model Release Form. In this case there no need to have a release form. You need a release form when u pay or get someone to do a "performance" which your picture is deem impossible without the model or talent's "performance. A model doing a pose is that performance

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