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aulwes
Jul 26, 2002, 2:17 PM
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I don't care if someone has taken a picture of me while I'm climbing... but if I find one of those pictures online, do I have the right to copy the picture and do with it as I please? (like putting it on my website? or using it for a profile picture on rc.com?)
Just wondering???
[ This Message was edited by: aulwes on 2002-07-26 07:18 ]
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coolpops
Jul 26, 2002, 3:08 PM
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Unfortunatly, I do not think you have that right by default. Now, what you can do is ask permission to use the photo, and if they deny, push the fact that you are in the photo and may take action if they do not allow you access to it, however that would just be a scare tactic because I don't think you can do anything about it.
The person who took the photo is the owner, not the person in the picture... If you have your pictures taken professionally, that photographer owns the picture and even though you pay him, and recieve copies, you yourself are not alowed to make copies because it's not yours, but the photographers. Bummer.
Jeremy
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aulwes
Jul 26, 2002, 3:39 PM
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Thanks coolpops,
I was wondering because I was in a climbing competition and saw they had posted pictures of people in the competition on their site. I'll just talk to the director of the competition and see if I can use the photo, I don't think it will be a problem.
Thinking about that made me wonder about other scenarios involving having one's picture taken (like the Photography
Ethics topic and how that would relate to non-professional climbers)... What you said just reinforced what I was thinking.
[ This Message was edited by: aulwes on 2002-07-26 08:42 ]
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sauron
Jul 26, 2002, 3:50 PM
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This always gets fun...
Generally, any photographer needs to get a MODEL RELEASE signed by the person(s) in a picture, that the photographer wants to use (commercially).
There are a number of exceptions to the above - most notably the "photo taken in a public place" - say, if I take a picture of a crowd (at a game, in the park, etc) - I don't _have_ to go around and get a model release signed by every person who was in the picture...
A typical model release contains language along the lines of:
[blockquote]
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I hereby grant the undersigned photographer ("Photographer") the irrevocable right and permission, throughout the world, in connection with the photographs he has taken of me, or in which I may be included with others, the following: (a) the right to use and reuse, in any manner at all, said photographs, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, in any medium or form of distribution, and for any purposes whatsoever, including, without limitation, all promotional and advertising uses, and other trade purposes, as well as using my name in connection therewith, if he so desires; and (b) the right to copyright said photographs in his own name or in any other name that he may select. I waive the right to inspect or approve any use thereof.
I hereby forever release and discharge Photographer from any and all claims, actions and demands arising out of or in connection with the use of said photographs, including, without limitation, any and all claims for invasion of privacy and libel. This release shall inure to the benefit of the assigns, licensees and legal representatives of Photographer, as well as the party(ies) for whom he took said photographs.[/blockquote]
Basically, you give the rights to the picture away to the photograph, or whomever hired him to take the pictures.
I'm not sure as to how the "public" stuff affects a competition - and there's a few other muddy parts to this.
I'm sure the above legalese _did not_ clarify anything..
- d.
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krustyklimber
Aug 3, 2002, 6:55 PM
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As most comps are open to the public to whatch, for a fee or for free, and this constitutes a public environment... It is just the same as when one is racing at an open track any spectator has the rights to any photos taken on or during the racing day,
I wish I had a nickle for everytime my pic was taken and used on calanders, programs, etc.... At least I was lucky enough to be the one in the pics they chose.
Photo rights can be especially tricky,
Jeff
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