am i breaking the law?


niteblade

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Feb 23, 2008
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#1
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?
 

Last edited:

Octarine

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Jan 3, 2008
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#2
Have a look at the Photo Biz section. The same is often discussed for different situations, like wedding.
Basic question: did the father ask you to take the shot [and offered any kinds of reward / payments]? If yes, then he owns the copyright. If not, you have the copyright and can do whatever you want.
 

niteblade

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Feb 23, 2008
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#3
no payment/reward was offered for the shoot. However he did agree to let me take pictures in his presence

does this mean i have copyright?
 

Octarine

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#4
no payment/reward was offered for the shoot. However he did agree to let me take pictures in his presence
does this mean i have copyright?
According my understanding you are the owner of the copyright.
More to read for you: http://www.clubsnap.com/forums/thre...-for-Photographers-to-understand-their-rights
But there is a flip side of copyright: the enforcing and the resulting [possible] damages to relations, here to the father.
 

catchlights

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#5
no payment/reward was offered for the shoot. However he did agree to let me take pictures in his presence

does this mean i have copyright?
you own the copyrights,
a person appear in a photo does not make him/she owns the photo, the photo is belong to the creator unless is under the term of "work for hire".

tho you own the photo, you can do whatever you deem fit, but it is alway nice to seek consent before you use it, a little bit of kind gesture will go a long way.

as for the photo competition, you better read the T&C carefully, you may have already kiss your photo goodbye when you submitted it for competition, and at the moment you partake the photo competition, you have agreed with their terms. you probably can't take back anything that does not belong to you.
 

ZerocoolAstra

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Mar 13, 2008
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#6
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?
oooops! Might be too late to withdraw.


As catchlights has stated, you own the copyright.
However, is it worthwhile to insist on your rights, whilst risking damage to your relationship with the newborn's father?
 

ed9119

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#9
this is a misunderstanding that is caused by both parties

1. the father agreeing without thinking any further
2. you the photog who should at least ask permission for image of subject to be used BEFORE it was submitted

ultimately...... YOU own the copyright to the image.....

explain the situation...... if you want to be nice guy, at least make the effort to write in to organizers to withdraw the submission ....

otherwise offer the dad a carrot to share the prize if it ends up winning something

have to use plenty of EQ to recover this akward situation
 

wdEvA

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Sep 1, 2006
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#10
To sell the photo you would require a release form.
as for competition I'm not sure though. anyone?
 

photoart

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Feb 21, 2009
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#11
What ever u do now, just don't pissed off the father. Although u have the rights to the photo, Use a soft approach in this situation. Go for a win-win situation;)
 

Sep 17, 2008
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#12
this is a misunderstanding that is caused by both parties

1. the father agreeing without thinking any further
2. you the photog who should at least ask permission for image of subject to be used BEFORE it was submitted

ultimately...... YOU own the copyright to the image.....

explain the situation...... if you want to be nice guy, at least make the effort to write in to organizers to withdraw the submission ....

otherwise offer the dad a carrot to share the prize if it ends up winning something

have to use plenty of EQ to recover this akward situation
or be a **** and say SG no privacy law. what u can see, u shoot, its urs hahaha... so... u have the angel, the human and the :devil:
 

SkyStrike

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#13
or be a **** and say SG no privacy law. what u can see, u shoot, its urs hahaha... so... u have the angel, the human and the :devil:
Try this "rule" at the customs and you will be almost arrested on the spot :p
 

Octarine

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#14
To sell the photo you would require a release form.
as for competition I'm not sure though. anyone?
From what I read, there is no such thing as 'release form' in SG. It exists (and is required) in other countries, though.
 

catchlights

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#16
To sell the photo you would require a release form.
as for competition I'm not sure though. anyone?
I'm not a lawyer, but to my knowledge, this is what I can share with you. If you want to have proper legal advice on this matter, it is necessary to consult a lawyer specialize in this area.

If you read the content of the release form, you will know what is all about, AFAIK, no one is able to sue another party for using images of their likeness for commercial purpose locally.
release form usually only applies on places which anyone can sue someone for anything.

most T&C of the competitions are written by legal advisers, so if the usages of the images are limited to local base only, probably will omit the requirement of release form.

anyway, ones should read the T&C of the competitions carefully before entering the contest, the T&C is to protect the front and the rear of the organizers, without reading it, you probably get screw-ed.
 

vaxvms

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Dec 21, 2005
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#20
vali subjective.........how abt pic taken by paparazzi? some magazine also kenna sued big big
 

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