View Full Version : There might be a problem using the reflib's pictures know one has thought of
07-15-2004, 07:01 PM
Hi there. I was at the artist's magazine's web page and read this:
"Q. As an avid photographer, I enjoy taking my camera along to parades, rodeos, county fairs and other community events. Would there be any legal repercussions if I painted the people in my photos without their permission? —Marilyn Cukjati, Franklin, KS
A. As a general rule, if a person is recognizable in one of your works of art, you should first obtain that person's consent to use his or her image. Every individual has a right of publicity that protects against the commercial use of his or her name, likeness or personal attributes. This right of publicity is determined by state law."
So what about those pictures from the renfairs and the Native American dancers and sports people and any other type of pictures in the reflib??
07-16-2004, 12:56 PM
Couple of thoughts:
1) It has been established in the courts that if you are outdoors in a public setting, and your photo is taken, it is fair use.
2) Unless someone was doing a "portrait" of someone, I doubt there would be much in the way of likeness that would transfer over from using someone as a figure in a scene. Figures in a scene are smaller, and less detailed, so proving any resemblance would be difficult. Portraits may be a different story, but see #1 above.
I agree about the 'public' thing,,if you are in costume at an event, you surely can expect to have your photo taken..surely a photo is much more defining of who you are.. therfore, a painting could be less so
If it is a general public setting though,(say people in a cafe) I tend to change the hair colour/style, clothing, even build.
07-20-2004, 12:50 AM
Yeah, I am working on changing the colors and such on the Native American's costumes. I want to paint it fairly realistically though so there is not much I can change without reference pictures. I even am considering getting beads and such to create my own 'whateverthey'recalled' to put on the costumes to really make them my own creations.
The only problem is trying to change the faces, which you can see very well, and still have a good level of realism.
07-29-2004, 07:51 PM
The only time you really have to worry about this is if you are selling or licensing the image to a third party so they can turn around and use it for advertising or commercial purposes. If someone recognizes themselves in an ad, and they never gave permission, that's when it gets dicey. That's why stock agencies require model releases for all the images you submit to them. They know their images will end up in ads, brochures, annual reports, etc.
Martin de Madrid
12-08-2004, 02:28 PM
Regarding photos of Native Americans. . . in New Mexico, and certainly on Reservations (Pueblos) you are required to purchase a photography permit. Check with the people who are selling the permit if you wish to use the photos as reference for a commercial work. You will probably either not be allowed to, or will have to pay a different (higher) fee.
Since many photogenic events are usually held on Reservation land, you probably should have a permit. It is always a good idea to get a model release, or a release for the event, IN WRITING, and SIGNED. That is the safest route.
By the way, just changing colors of some part of the photo is NOT enough to get around the copyright issue. Nor is changing "80%," or whatever, often given as (incorrect) advice.
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