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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for June Week Two ## 441B |
KEY WORDS: | Business Cards | Speaking Engagements | Publicity | Columnists | Vital Interest To | Organizations | Public Domain Photos | Digital Copy | Originality | Copy | Recognizable | Parent | Advertising | Release | First Amendment | Freedom of the Press | Editorial Photography |
Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter, for this moment in time, from PhotoDaily, PhotoSource International. <http://www.photosource.com/> To sign up for our photoRESEARCHER Newsletter, visit us online at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
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When Is Permission Required?
Advance Notes: Documentary
photography pulls back the curtain from life going on around us. It
sometimes reveals aspects and actions that corporate and public officials
would just as soon have disappear.
From a Reader: Q. I just read a question answered by you about model releases of people in public. I have wondered about the same question. My specialty is creating shots that evoke a strong mood, and I need a human element to make the photo successful.
My question is, I always thought that the rule was, "if the person
is recognizable in the photo" you need a release. A lot of times
I have shot pictures of people afar off, or as a silhouette, or with
their back to me (so no parent or other person could threaten to sue
me because they saw their son or daughter's face in a book or magazine
without their permission).
How do you avoid this from happening? If I remember what you said,
if the picture is used for a book or magazine or newspaper and isn't
being used for advertising, then a release is not required.
I know that it may not matter to the photobuyer, yet again, if the
parent sees the picture, could this pose a problem for the photobuyer
as well as for me?
Answer: Ken, you said it best: "If the picture is used for a book or magazine or newspaper and isn't being used for advertising, then a release is not required." This is thanks to our First Amendment Freedom of the Press.
As you know, in past history – many regimes let the public know
only what they (the ruling regime) wanted the public to hear. (Stalin,
Hitler, Tojo, Mussolini, and more recently, Saddam). It's a convenient
way to run a totalitarian government. But it isn't pleasant for those
being ruled.
The wisdom of our forefathers was to recognize that despite how much
it might hurt, we have to report (and display photographically) what
is happening around us. And yes, it might hurt the mother of a child
who is photographed in public beating up on a smaller kid, or a drunk
strolling down the street, or two lovers on a park bench. Our Freedom
of the Press protects us, and sometimes embarrasses us. As you know,
that's the way it is in a democracy.
Most photographers who enter the field of editorial photography from
a commercial background (fashion, corporate, aerial, real estate,
food photography, and so on) are surprised that their new field, editorial
photography, knows no model release requirements.
Want to read more of this article? Go to: http://www.photosource.com/researcher/cb84.html
Ellis Vener |
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No, I'm not speaking photo image-wise, but promotion-wise. To promote your photo research business, are you taking advantage of these low-cost promotional tools?
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Copying A Public Domain Photo An article in MUSEUM NEWS suggested that large entities such as CORBIS might take advantage of a provision in the Copyright Law, that says if sufficient (digital) changes are made to a public domain photo (or a photo you may have signed away digital rights) could be altered enough ("added authorship") to be eligible for a new copyright. If the digitization involves sufficient originality, the digital image is indeed copyrightable. On the question of whether Corbis could gobble up public domain photos under the Corbis flagship by "adding authorship" this is not really a problem, at least not where others are still able to get their hands on non-digital copies of the public domain image(s). Anyone who has a non-digital copy would be free to make his/her own digital copy from the non-digital copy. The second digital copy would not infringe the copyright on Corbis's digital copy. And the second digital copy would also be copyrightable (assuming sufficient originality, again). Others are free to digitize the public domain work. They are
just not free to copy the Corbis-digitized copy, if the Corbis-digitized
image is copyrightable. -RE Rohn Engh, veteran stock photographer and publisher of “PhotoRESEARCHER Newsletter,” has provided on-line targeted information for photobuyers, photo researchers and editors for two decades. No other newsletter brings photobuyers such up-to-the minute, practical intimately familiar with both sides of the stock photo desk. For more info: http://www.photosource.com/photobuyer/
TRAVELERS
ABROAD
Shawn McGrath Judy Taylor Robert Maust Jason Lauré Lee Snider Pamela York
Derek Fell
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Trends
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