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Suggestion...


clicknimagine Plus
11 888 105 India
26 Sep 2021 10:43AM
Hi all, my fellow member friends, i require a suggestion from you all and specially from our professional members...

As i am not a Professional photographer, i have a very little knowledge in this regard...I have got a massage elsewhere in another site but i can see that member has given a reference of one of my images uploaded here in this site asking for a permission of canvas painting...


Quote:hi i would like to create a canva painting about your photo : https://www.ephotozine.com/photo/the-santhal-child----58132638 contac me please : patrick.....@free.fr


Will it be safe to give him permission as i had taken the image of that child with his and his parents verbal permission only...

N.B. I have intentionally edited his contact detail...

Chrism8 14 1.0k 29 England
26 Sep 2021 10:57AM
I would seek an up to date written permission if you can, failing that I wouldnt give permission for the canvas. A verbal permission could always be denied particularly if its not been that recent.
saltireblue Plus
11 12.2k 76 Norway
26 Sep 2021 11:37AM
I totally agree with Chris. Without the express written permission of the parents, I'd definitely say no. Especially as the subject is a child.
mrswoolybill Plus
14 3.0k 2459 United Kingdom
26 Sep 2021 11:56AM
I would definitely refuse without the parents/guardians' permission.
Carabosse 18 41.7k 270 England
26 Sep 2021 1:09PM
Hi Somnath. As you are not based in the UK, the rules here may not apply to your own circumstances.

In the UK a parent can neither give nor withhold consent. It is an irrelevance.

That said..... as a matter of courtesy (only), I too would ask if they have any objection. You don't want to be hassled by them even if, legally speaking, they don't have a leg to stand on
wsh Plus
3 74 United Kingdom
26 Sep 2021 6:30PM
Do not give permission. You never know what lawsuits that you will be entangled in.
LenShepherd 13 4.4k United Kingdom
27 Sep 2021 9:01AM
STOP MAKING A BASIC MISTAKE!

You are NOT legally being asked to give permission.

You are being asked to give away something you own - your copyright in your image - for free!

In the UK a professional should have a standard contract (usually provided by an industry body), will want to know exactlywhat is being done with the proposed image, whether there are copyright items in your image (something as simple as a coffee bar sign), and whether any specific contract between the child the parents and you is in place.

With this information a professional can decide if he/she is in a legal position to give permission, and only if yes what is a reasonable fee once a contract is agreed - ideally in writing.

As has been mentioned - UK law does not apply - so perhaps ask in your own country.

As others are suggesting - it seems best to say no - in writing - and keep the message. Then if your copyright is breached you can show you refused permission.
Carabosse 18 41.7k 270 England
27 Sep 2021 10:45AM
Somnath may not be overly bothered about copyright issues, but more concerned about how the image is to be used.

For example if the image were to be captioned to suggest the parents had neglected the child, there could be personal ramifications for the photographer... notwithstanding he himself had not done it.

The niceties of copyright law, model releases (i.e. contracts) etc are not necessarily the foremost concern here.
thewilliam2 4 1.6k United Kingdom
27 Sep 2021 3:08PM
CB, that reminds me of a case cited in a photographic and legal book.

A library shot of a Smithfield porter was used to illustrate an article about staff pilfering. The porter won a defamation case because his honesty was being questioned. I forget whether the photographer, the library or the publication was "in the dock".

We need to get a model release every time!
Carabosse 18 41.7k 270 England
27 Sep 2021 3:19PM

Quote:I forget whether the photographer, the library or the publication was "in the dock".


Probably all of them!

But libel action is very expensive to commence. Being vilified on social media, or even physical altercation, costs nothing........

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