How Legal is this??

[Rantan]

So i got my senior pictures taken a few days ago. They were taken on a Nokad 13MP camera, real nice camera, anyways, they upload them to a computer and touch them up, then pic through the best ones, and have them printed, like normal photos. I was talking to the photographer, he was pretty new to the whole digital thing, but i asked him if i could get a copy of the raw images, he said it was possible but he wasnt sure.

Today i go in to pick them out and buy my set, they keep the photos on their computer at the shop for 30 days, and on another server for another 90 days, i asked the women dealing with me if i could have all my raw shots on a disk, or just send them to my gmail account. she was confused, so she asked someone else.

Come to find out YES, they will give you your photos on a disk, for 25 buck an image, to buy the right to a picture of myself!

Im annoyed by this, i want MY pictures of ME! if they're jsut going to get rid of them in 90 days anyway..why cant they just be nice and give me my pictures...

[candyflip]

How do you think they make their money?

[candyflip]

Also...don't you usually have your senior photos taken during your Junior year of High School?

You know...when you're 16 or 17 years old?

[Morgan]

photographers get paid to take pictures of you. Why dont you just use your own camera on a timer if you dont want to pay someone to take your picture?

[4Pics]

i think since you are paying them to take your picture they own the rights to the picture.

[Steen2]

I must be simple because I don't get it 100%.

[Furious_Male]

They want to upsell the packages to you. Its been like that for as long as I can remember.

[CamChicks]

Copyright always belongs to the photographer by default. (unless you have a contract with them that gaurantees otherwise) If I take a picture of you, I can do whatever I want with it, and there's nothing you can do about it. That's the basis of tabloid journalism, and a lot of porn too. If you are the subject, you're basically just an object; no different than if the photographer took a photo of a fruit bowl or a sunset.

[Rantan]

*sigh*..how about if i bitched enough and made a deal, i get my pictures on CD, but if i ever wanted them printed, as in put on paper, ever, id have to come to them for the printing... cause i think deleting them after 90 days sucks...

[Rantan]

also, it's my senior year in high school...so im getting them just in time!

[studio]

CamChicks

your statement is not totally correct... The copyright to the photos is shared equally by photographer and poser. Unless the photo is taken in a public area. Like a park, or on the street. That is why, when we shoot girls in porn they must sign the release. If they didn't they would still have legal rights to the photos.

[Rantan]

Originally posted by studio
CamChicks

your statement is not totally correct... The copyright to the photos is shared equally by photographer and poser. Unless the photo is taken in a public area. Like a park, or on the street. That is why, when we shoot girls in porn they must sign the release. If they didn't they would still have legal rights to the photos.

well i wasn't flapping my penis around in public, or in the studio, and i never signed a damn thing, would i still have the right to ask for copys of them?

[Rantan]

no way to go about getting these pics?

[WickedVenus]

Originally posted by candyflip
Also...don't you usually have your senior photos taken during your Junior year of High School?

You know...when you're 16 or 17 years old?

I got mine my senior yerar, but I was 17. Hmmm someones a little young here

[jacked]

Originally posted by candyflip
Also...don't you usually have your senior photos taken during your Junior year of High School?

You know...when you're 16 or 17 years old?

[Kain]

Holy Crap! Are we HONESTLY talking about Senior pictures on GFY?

I know I THOUGHT alot of the crap on here was juvinile, but um, I like, expressly FORBID, BEG, PLEAD with people under 18 to stay away from my web sites.

But here, I am intermixing with them and did not realize.

Damn,

1. I am a schmuck for not realizing earlier that there are probably kids on here.

2. Geeze, Can we at least PRETEND we are all adult webmasters. So no talk about senior pictures, first periods, or homeroom?

[pornguy]

Yes it is.


Just deal with it, or kiss the sales girl., and maybe she will get the disk for you.

[wedouglas]

thats how photo places work. proofs cost money.

[Dynamix]

100% legal. how do you think photographers of nipple-slip's and celeb nudes get away with keeping photos?

[Magg]

HACK THE GIBSON!!!

[tony286]

Originally posted by candyflip
How do you think they make their money?

Thank you lol

[CamChicks]

Originally posted by studio
CamChicks

your statement is not totally correct... The copyright to the photos is shared equally by photographer and poser. Unless the photo is taken in a public area. Like a park, or on the street. That is why, when we shoot girls in porn they must sign the release. If they didn't they would still have legal rights to the photos.

Sorry it is really not "shared" by default. Unless under contract, the person who creates a work is the owner of the copyright. Photographers are no different from writers or musicians under this law. We have models sign releases to strengthen our position, prove there was no other agreement, and protect against side-claims such as distress caused by the use of those images, etc. But all those photographers who shot the Tara Reid boob-slip are free to sell those pictures and transfer copyright to whomever they wish without her permission and without compensating her.

Of course, none of this will stop you from being sued, and every individual case may be open to interpretation by a judge or jury based on the details.

[Rantan]

Originally posted by wedouglas
thats how photo places work. proofs cost money.

proofs? im talking about raw 6mp pictures on a server somewhere, i figure, if they're just gunna delete them, they should be cool and gimmie!

[Rantan]

Originally posted by Kain
Holy Crap! Are we HONESTLY talking about Senior pictures on GFY?

I know I THOUGHT alot of the crap on here was juvinile, but um, I like, expressly FORBID, BEG, PLEAD with people under 18 to stay away from my web sites.

But here, I am intermixing with them and did not realize.

Damn,

1. I am a schmuck for not realizing earlier that there are probably kids on here.

2. Geeze, Can we at least PRETEND we are all adult webmasters. So no talk about senior pictures, first periods, or homeroom?

Im 18 years old

[CamChicks]

btw - I'm not pretending to be a lawyer. Just summarizing the advice I got. I don't believe the original poster has any claim to the copyright in this situation.

[reynold]

Originally posted by Rantan
So i got my senior pictures taken a few days ago. They were taken on a Nokad 13MP camera, real nice camera, anyways, they upload them to a computer and touch them up, then pic through the best ones, and have them printed, like normal photos. I was talking to the photographer, he was pretty new to the whole digital thing, but i asked him if i could get a copy of the raw images, he said it was possible but he wasnt sure.

Today i go in to pick them out and buy my set, they keep the photos on their computer at the shop for 30 days, and on another server for another 90 days, i asked the women dealing with me if i could have all my raw shots on a disk, or just send them to my gmail account. she was confused, so she asked someone else.

Come to find out YES, they will give you your photos on a disk, for 25 buck an image, to buy the right to a picture of myself!

Im annoyed by this, i want MY pictures of ME! if they're jsut going to get rid of them in 90 days anyway..why cant they just be nice and give me my pictures...

No wonder they're earning money.

[sickkittens]

Originally posted by candyflip
Also...don't you usually have your senior photos taken during your Junior year of High School?

You know...when you're 16 or 17 years old?

That's what I was thinking. Maybe he stayed back a few years?

[sickkittens]

Originally posted by CamChicks
btw - I'm not pretending to be a lawyer. Just summarizing the advice I got. I don't believe the original poster has any claim to the copyright in this situation.

He shouldn't. If he did, every student could just ask for their copies for free and not pay for the studio pictures.

[Dawgy]

Originally posted by Rantan
Im 18 years old

then you should update your webpage

[JMM]

Originally posted by CamChicks
Sorry it is really not "shared" by default. Unless under contract, the person who creates a work is the owner of the copyright. Photographers are no different from writers or musicians under this law. We have models sign releases to strengthen our position, prove there was no other agreement, and protect against side-claims such as distress caused by the use of those images, etc. But all those photographers who shot the Tara Reid boob-slip are free to sell those pictures and transfer copyright to whomever they wish without her permission and without compensating her.

Of course, none of this will stop you from being sued, and every individual case may be open to interpretation by a judge or jury based on the details.

You both are confused.

By law, absent of any work for hire agreement or other contractual arrangement, the photographer is the copyright holder of any images that they produce. There is NO shared ownership.

However, that does not give the photographer the right to do whatever they want with the pictures. Without a signed release, the photographer cannot publish the images or use them in any commercial endeavor.

You get the models to sign a release NOT to prove there was no other agreement, but rather to RELEASE their likeness to the copyright holder for the purpose spelled out in the release. Ownership of ones likeness is a right protected by law. Your likeness is what you look like AND/OR any identifying marks, such as tattoos, scars, etc.

The Tara Reid situation is an exception covered by the doctrine of fair use. She is a public figure whose exposure of her bare breast is a newsworthy event. In addition, I believe she actually does give consent by nature of the photography area at the party she was attending.

Hope that clears it up.

[jwerd]

Originally posted by Dawgy
then you should update your webpage

GFY reminds me of the presidential election, mud slinging and all

[LadyMischief]

Copyright is a strange issue. If I take a picture of someone, that picture is mine, regardless of what that person wants/thinks. If I want to USE the image, however, I need a release giving me permission of that person to use their image.


However, if you HIRE someone to take the pictures, and it's a paid service, technically the rights to the images belong to whoever contracted the photographer for the images. It could be interesting, but I doubt you'll get the raw images without paying for them.

[Dawgy]

Originally posted by lamerhooD
GFY reminds me of the presidential election, mud slinging and all

great isnt it?

[tranza]

Originally posted by Rantan
Im 18 years old

Yeah right. And btw: what are the porn sites that you run?

I smell a surfer...