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Old 06-05-2017, 01:08 PM
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benleb benleb is offline
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People in my artwork: legit?

Hi,

I am using my own photographs for my art and do not have permission from the people in it (and do not know who they are). Would I run into trouble selling my artwork online (original and prints)? Here are two studies from my scrapbook. If that matters, originals will be 12x18 in on watercolor paper.

Thanks,
Ben.

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Old 11-03-2017, 06:00 AM
DarkFlights DarkFlights is offline
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Re: People in my artwork: legit?

Might it be worth looking up photography copyright laws in your country?

Here in the UK, if someone is outside in a public setting, they have no right to NOT have their photo taken, and they do not own the copyright to their image. As someone who attends a lot of themed events in the course of my own work (not photography, but I talk to a lot of both amateur and professional photographers), I often hear people grumbling about "togs". But, fact of the matter here in the UK is that if you're in a truly public place (not a pub or a shop, but on the street outside, for instance), then you have no expectation of privacy under law and can neither stop photos being taken of you, nor claim copyright of them or your image.

It's possible you may have similar laws in the USA?
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Old 11-03-2017, 08:52 AM
tiago.dagostini tiago.dagostini is offline
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Re: People in my artwork: legit?

MOST, but not all countries have laws that deem image of people in public.. well PUBLIC. But most countries have restrictions if the image is of a CHARACTER (not the actor .. the character he or she is representing) and if the image was taken within a PRIVATE event.

All that applies when YOU TOOK the picture or you drew live. If you copying from someone else pictures you DO HAVE ISSUES to get concerned with. The source of the photo has rights.

Also several countries rule that CHILDREN image is NOT public without their parents consent.

You as usual need to check your specific country rules.
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Old 11-03-2017, 08:52 AM
zardoz71 zardoz71 is offline
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Re: People in my artwork: legit?

Quote:
Originally Posted by DarkFlights
Might it be worth looking up photography copyright laws in your country?

Here in the UK, if someone is outside in a public setting, they have no right to NOT have their photo taken, and they do not own the copyright to their image. As someone who attends a lot of themed events in the course of my own work (not photography, but I talk to a lot of both amateur and professional photographers), I often hear people grumbling about "togs". But, fact of the matter here in the UK is that if you're in a truly public place (not a pub or a shop, but on the street outside, for instance), then you have no expectation of privacy under law and can neither stop photos being taken of you, nor claim copyright of them or your image.

It's possible you may have similar laws in the USA?


Other countrys other laws. If you would do this in Germany you would be in deep trouble.

We have very few exceptions where you would not need the permission of the person(s) even if you take a picture of a of a group.

As an example if you would take a picture of of a landscape and that would be your focus and you can see some people that would just crossing over a street, that would be ok if the are accessory parts of it. If the group would be the focus of your picture then not.

However if you would take a picture of said group at some event like the G20 in Hamburg then it would be ok, again except your focus entirely on this group and not on the event.

There is another point that would be different, like if you would take a picture from our chancellor because persons of contemporary history (historic persons) has another exception rule to it.


It's a bit complicated and our law loves it. In German there is a webpage that offers more insight: https://www.rechtambild.de/ about the issues here.

So publishing pictures without a proper model release can get your fast into trouble, adhortatory letters are quite common and even the first one cost money......
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Old 11-04-2017, 10:43 AM
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caldwell.brobeck caldwell.brobeck is offline
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Re: People in my artwork: legit?

Quote:
Originally Posted by benleb
Hi,

I am using my own photographs for my art and do not have permission from the people in it (and do not know who they are). Would I run into trouble selling my artwork online (original and prints)? Here are two studies from my scrapbook. If that matters, originals will be 12x18 in on watercolor paper.

Thanks,
Ben.

http://www.wetcanvas.com/Community/i...IMG_2547_1.jpg

You could very easily run into trouble into Canada, as the people who appear in your work are the subjects of the photos, and not simply incidental to them, and you intend to distribute them publicly. (Your posting of these images here might well be a violation in itself). See for example this article on FindLaw Canada.

Cheers;
Chris
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Old 11-08-2017, 12:47 PM
DarkFlights DarkFlights is offline
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Re: People in my artwork: legit?

It certainly shows the difference in laws across the countries, doesn't it? I wonder what would be the case if an artist in the UK tried selling people paintings abroad?

I do think that we likely have some law here that portrait subjects must give their permission before art of them is made/sold, but that it might be inherent in the very nature of the work that that is assumed to be the case - however, as I don't "do" people, except totally made up ones with help from stock reference photos, I'm probably missing a grat deal of the specific law as regards this problem.

Banksy got away with it, but then again. that's a whole other discussion!
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