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Shooting a young woman

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Sooty_1
Sooty_1 Critique Team 41176 forum posts United Kingdom196 Constructive Critique Points
17 Nov 2012 - 9:06 PM

A model release is completely unnecessary if you have no intention of using the images yourself. But just supposing you get a real killer image you want to use for advertising your business, or one you might want to enter in a competition? If you have no model release, you have no right to use the image without seeking permission from the subject, and they will have a claim on any money you might make as a result.

Ask the subject if you can use any of the images, and obtain a signed release, then they are allowing you to use them. Remember, if you are being employed by the girl to shoot pictures, you do not strictly own the copyright, as you are in the commissioned pay of someone else....unless you have it in a contract that the photographer retains the rights to the photos.

And I would say that any tradesman who puts themselves in the 1:1 position is naive and foolhardy.
Regardless of the hype and fright culture, once destroyed, your reputation will never be restored, regardless of the truth of the matter. Her age is immaterial if she's over 18, the same accusations can be made by anyone, whatever sex they may be.

I'm just saying, "cover your ass, and don't be a victim". It does happen.

Nick

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mikehit
mikehit  46148 forum posts United Kingdom9 Constructive Critique Points
17 Nov 2012 - 10:17 PM


Quote: If you have no model release, you have no right to use the image without seeking permission from the subject

As far as I know that is completely incorrect in UK. It applies in US, however...


Quote: they will have a claim on any money you might make as a result.

They may have a claim. I don't think this principle has been really tested in UK. But a model release will avoid any theoretical problems.

Carabosse
Carabosse e2 Member 1139390 forum postsCarabosse vcard England269 Constructive Critique Points
17 Nov 2012 - 10:38 PM

Jules says:


Quote:

my latest client to be is a young 18 year girl who want me to do some Lifestyle shoots for her at her home, while her parents are at work. Its apparently so she can have some pics for them for christmas.

As this appears to be commissioned work it's worth remembering Section 85 of the Copyright, Designs and Patents Act 1988 (below). You cannot do just as you please with commissioned photos.


Quote:

Right to privacy of certain photographs and films.
(1)A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have—
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
(c) the work communicated to the public;

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

(2)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a)section 31 (incidental inclusion of work in an artistic work, film or broadcast);
(b)section 45 (parliamentary and judicial proceedings);
(c)section 46 (Royal Commissions and statutory inquiries);
(d)section 50 (acts done under statutory authority);
(e) section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.).

Sooty_1
Sooty_1 Critique Team 41176 forum posts United Kingdom196 Constructive Critique Points
18 Nov 2012 - 1:20 AM

Just what I was about to say!

Wink

She is commissioning the OP to shoot her, therefore she has the right for the photos not to be used by the photographer. Unless she signs a model release form which states the photographer has the right to use the photos in any way he/she sees fit, in which case he/she can use them as long as the usage is neither libellous or defamatory.

Nick

Britman
Britman  81669 forum posts England
18 Nov 2012 - 1:21 AM


Quote:

And I would say that any tradesman who puts themselves in the 1:1 position is naive and foolhardy.

Nick

I don't get this, I've worked as a tradesman for years and 99% of the time was in 1:1 situations at clients homes, young and old. If I refused work on the basis that the clients might be alone in their property I wouldn't have lasted long in business.

Sooty_1
Sooty_1 Critique Team 41176 forum posts United Kingdom196 Constructive Critique Points
18 Nov 2012 - 1:34 AM

I'm not saying you should refuse to work, I'm just saying you have to be careful, and assess each situation on its own merits.
Remember, 10 years ago, there wasn't the mass media access there is now, and everyday situations weren't blown out of proportion (as much) as they are now. A passing comment then would likely have gone no further than a couple of people. Now it will likely be all over the Internet by the time you get home. Facebook, twitter Et al are to blame for a lot of information that should not be transferred.
Just an example, a couple of years ago, I was abroad, working. One evening, in a bar, a girl kissed one of my colleagues, completely out of the blue. That night it appeared on another friends page in the background of a photo. There was hell to pay when he came home to his wife who wouldn't believe that he had been set up.
All I'm saying, is be careful.

Nick

Carabosse
Carabosse e2 Member 1139390 forum postsCarabosse vcard England269 Constructive Critique Points
18 Nov 2012 - 2:25 PM

The camera phone is ever present! Wink

lemmy
lemmy  71768 forum posts United Kingdom
18 Nov 2012 - 7:30 PM

There is a saying: No matter what it is, someone, somewhere will take it too seriously.

Can't someone commission some pictures and someone just take them any more? When did simple things become so complicated?

Any tradesman who puts themselves in a 1 to 1 position is naive and foolhardy? Every plumber, electrician. estate agent, meter reader, roof repairer need a chaperone? Without trust we do not have a workable society. The vast majority of people are trustworthy and normal. We all deal with probably hundreds of people, traders businessmen, what have you, every year. Very, very few go wrong.

We don't love in a perfect world but as Sting says in one of his songs, to look here for heaven is to live here in hell.

Gaucho
Gaucho e2 Member 122198 forum postsGaucho vcard United Kingdom2 Constructive Critique Points
18 Nov 2012 - 8:01 PM

I do worry about the way Britain is heading. The paranoia is quite unbelievable.

StrayCat
StrayCat  1014448 forum posts Canada2 Constructive Critique Points
18 Nov 2012 - 10:47 PM

It certainly isn't only Britain. However, what has brought all this paranoia on in the first place? I believe it's a lack of respect for other people's rights and privacy; because someone is a celebrity of some sort doesn't make them fair game for every Tom, ****, and Harry with a camera and dreams of getting rich quick. Neither is it helped by all the whackos in society who get there kicks from exploiting innocent children, and others. I have absolutely no respect for the free range celebrity hounds; I would say; get a real job.

Denny

Last Modified By StrayCat at 18 Nov 2012 - 10:48 PM
ade_mcfade
ade_mcfade  1014720 forum posts England216 Constructive Critique Points
19 Nov 2012 - 10:04 AM

Someone I know through networking asked me to shoot a kids event in Bradford - for charity...

Kinda ummed and erred a bit - then said ok (you can usually make a bit of cash off prints from these things Wink ) and I quite like doing "my bit" for charity now and then

She asked for a CRB check thingy...

I said I didn't have one on ethical grounds - trust me or f**k off

Got me out of doing the shoot rather nicely Wink


We got here because of paedophiles becoming incredibly high profile over the last 20 years - everyone assumes that all photographs taken now are for the pleasure of such people. It's the fault of the press. Brasseye had the right take on it... (http://uk.imdb.com/title/tt0330093/)

Either that or we are all terrorists.... like terrorists walk around with £5000 of kit on tripods !

stevew10000
stevew10000 e2 Member 258 forum postsstevew10000 vcard United Kingdom
19 Nov 2012 - 1:32 PM

how about taking a digital audio recorder? unobtrusive, in the background, any subsequent suggestion of impropriety time and date stamped evidence fro the audio recording.

779HOB
779HOB  2999 forum posts United Kingdom
19 Nov 2012 - 3:14 PM


Quote: how about taking a digital audio recorder?

I don't know the answer to this : do you need permission to record a conversation?

MacroMeister
19 Nov 2012 - 3:17 PM


Quote: How about taking a digital audio recorder? unobtrusive, in the background, any subsequent suggestion of impropriety time and date stamped evidence fro the audio recording.

These refer only to UK! And I'd always check before you do anything like you suggest. Note there are differences between domestic and business.

You might want to read this regards conversations recording conversations

And this one refers to telephone recording OFTEL FAQ I know about this one because I had to ring some snotty company on a regular basis and they had a really patronizing "we are recording this conversation blah, blah, blah going on for ages" So in the end when I got through I'd say (politely) the same thing "I am recording you..." They said I couldn't do it as it was illegal. Soon put them right, and they apologised! I love that...Grin

Last Modified By MacroMeister at 19 Nov 2012 - 3:21 PM
User_Removed
19 Nov 2012 - 4:00 PM


Quote: And this one refers to telephone recording

If you read carefully you'll see that both your links refer to telephone conversations.

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