I would greatly caution you against using something which you do not know the clear source of or the rights which are purportedly granted to you to use.
Even if the model tells you that you can use, you still have to be very careful because she may not have the title to grant you the license to use in the first place. This is the reason why we have indemnity clauses each time someone licenses the use of intellectual property - to protect the licensee just in case the licensor does not have the right to grant the license.
Now, onto your specific queries:
(a) I would be very careful to use a photograph a model submits to you as "your own to distribute to potential clients and host on your website".
Whether or not you use the photographs for commercial gain is probably irrelevant under Singapore law. In fact, even if you rely on US laws, I'll think (but cannot be sure since I am not well versed in US laws) that you will still be caught as you "knowingly use another's...photograph...in any manner...or for the purposes of advertising...goods or services...". It is my view that commercial gain is unlikely to be construed as merely confined to generating revenue from the sale of the image.
Back to Singapore law, commercial gain is irrelevant as infringement does not look at that as a factor (emphasis mine):
Copyright Act said:
Nature of copyright in original works
26. —(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right —
[...]
(b) in the case of an artistic work, to do all or any of the following acts:
(i) to reproduce the work in a material form;
(ii) to publish the work in Singapore or any country in relation to which this Act applies, if the work is unpublished;
(iii) to communicate the work to the public; and
Infringement by doing acts comprised in copyright
31. —(1) Subject to the provisions of this Act, the copyright in a literary, dramatic,
musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright.
I would be very wary of advice which tells you to "go ahead and do it, and to negotiate if someone tells you that you infringed his rights" - this open you up to a fair amount of legal exposure if you are not careful or if you meet someone who takes enforcement of his proprietary rights very seriously.
(b) Assuming tearsheets refer to pages torn out from a magazine, scanning of the magazine would constitute an unauthorised reproduction in material form - and you may find yourself liable for infringement.
I am unaware of any legal defence which says you can infringe on copyright in order to promote yourself or another person. The usual defences to copyright infringement are found in Sections 35 to 40A of the Copyright Act (too long to quote all here).
(c) There would be reproduction in material form of the photos that you do not own the copyright to. Combining work belonging to others with your own work is not likely to avoid liability for infringement.
I also unaware of any legal defence which says that as long as you credit the author, you are okay. It is a widely held misconception that crediting alone is sufficient.
In most cases, the author may b e happy with just crediting, as it helps to raise his own profile. Hence, it may be "a close one eye and let it be since I also benefit" sort of situation.
However, if you meet someone who decides to enforce his proprietary rights, your crediting him alone may not be sufficient to avoid liability for copyright infringement.
Hi all,
Will be starting up a new talent and event company soon and have a few questions to check with all you great photog here.
a) if models submit their compcard to us, can we used them as our own to distribute to potential clients and host on our website? (we might not know if the compcard are TFCD or paid for and also the photog if there's not credit printed)
b) are we allowed to used tearsheets the models shot with their previous company/assignments? (e.g. from magazines, advert, screenshots, etc.) these are easliy scanned from the prints.
c)if we were to produce a compcard using photos shot by us and also some provided by the models taken previously, are there any infrignment of copyright?
Sorry, I search through the forum but would just to clarify with you guys.
Just want to be sure......and not want to be sorry.
Keep the great photos coming!
Cheers!