The Photography Thread

[ThisIsMyUserName]

Does anyone have a reasonable understanding of copyright law when it comes to magazines/models/etc? I just did a little digging but I'm getting two different sides.

This jerk is still giving me the run around and is now telling me that the model has nothing to do with the release, because she signed the pictures over to him. He now says he "doesn't feel like letting me use the photos in my portfolio". (After looking it up) I told him it wasn't a matter of letting me, since I hold the rights to them as the photographer. I never signed anything over to him. He said that's bullshit and claims to be a lawyer, and essentially threatened to sue me if I post my own pictures.

Am I right? Can I do whatever I want with the pictures after all? What's all the fuss about releases if the photographer owns rights to the work regardless?

I'm guessing it has something to do with a model being involved, but since she signed the photos over to him, am I in the clear?

[marina]

Originally Posted by ThisIsMyUserName

Does anyone have a reasonable understanding of copyright law when it comes to magazines/models/etc? I just did a little digging but I'm getting two different sides.

This jerk is still giving me the run around and is now telling me that the model has nothing to do with the release, because she signed the pictures over to him. He now says he "doesn't feel like letting me use the photos in my portfolio". (After looking it up) I told him it wasn't a matter of letting me, since I hold the rights to them as the photographer. I never signed anything over to him. He said that's bullshit and claims to be a lawyer, and essentially threatened to sue me if I post my own pictures.

Am I right? Can I do whatever I want with the pictures after all? What's all the fuss about releases if the photographer owns rights to the work regardless?

I'm guessing it has something to do with a model being involved, but since she signed the photos over to him, am I in the clear?

I work on the website and the magazine for my work and we're under strict orders to never use a photo that we didn't get from clip art or with permission of either the photographer or the subject. So it is possible that the guy can still use your photo if the model gave him permission. But he can't stop you from using your own photo in your own portfolio as far as I can tell unless maybe if you signed over all rights to it's use, which in that case might mean that he can stop you.

This only applies in America. Copyright law is different all over.

But how could he prove that you're using it in your portfolio. Unless you're talking about your online portfolio. This guy sounds like a dick.

[brianward81]

I have no personal experience with dealing with a douchebag but Marina sounds dead on. I say call a lawyer who specializes in this stuff and get their opinion; this guy sounds like he's aware that you don't know all the ins and outs and is trying to scare you into submission.

In other news, I'm shooting my first wedding tomorrow and I am SHITTING MY PANTS. It is going to be a very casual wedding, very informal, and the bride (a friend of my wife from college) knows it will be my first wedding but they couldn't afford a photographer at all. So I've put my hand up for a much lower fee so that they can get some shots and I can get some experience in a field I've been too scared to even think about. As per usual, I am questioning every technique I use and have lost all confidence in my ability but that is usual the day before a shoot. Their expectations are low and they're just happy to have someone dedicated to taking shots for them but I want to do the best possible job as it could lead to other jobs if I end up enjoying it.

I normally shoot manual mode but I'll be using my external flash and I normally have it shooting through an umbrella in a fixed spot on a stand. But this is different from a fixed lighting, controlled environment where I have time to change settings and get the look I'm after. Plus I'll have to bounce flash as there's no time, room or second pair of hands to have the flash off camera. I've been reading that using Aperture Priority will make things easier so that I can concentrate on DOF and just let the camera do most of the leg work so I can make minor adjustments where needed. I've been a "manual" person for too long that I've been scared to change but I'm just going to shoot like crazy tonight and practice my ass off. Being on holiday I haven't had a good chance to practice for this as much as I'd like since I got back.

I'm really going overboard on the worry, especially considering how laid back and the "whatever you get will be fine" attitude they have - but I just have too high expectations at times.

[bithead]

Originally Posted by brianward81

...I'm shooting my first wedding tomorrow and I am SHITTING MY PANTS....

Good luck! Based on what I've seen you post on this thread, I know you'll get some amazing shots. Your client is sure to be pleased with your work.

[ThisIsMyUserName]

Originally Posted by marina

I work on the website and the magazine for my work and we're under strict orders to never use a photo that we didn't get from clip art or with permission of either the photographer or the subject. So it is possible that the guy can still use your photo if the model gave him permission. But he can't stop you from using your own photo in your own portfolio as far as I can tell unless maybe if you signed over all rights to it's use, which in that case might mean that he can stop you.

This only applies in America. Copyright law is different all over.

But how could he prove that you're using it in your portfolio. Unless you're talking about your online portfolio. This guy sounds like a dick.

Yes, my online portfolio.
He's a super dick. I just got back from meeting with him to pick up my money. I would never sign away the rights to my pictures without a lot more then he's paying, and would have walked away from the money if that was the alternative. Luckily he didn't have anything for me to sign, and paid me in CASH, so no paper trail. This guy blows my mind.

I doubt I'll be working with him again, and I'll be putting the shots up as soon as I update my portfolio.

I posted these before but took them down shortly after out of paranoia. I'll probably do that again... In the meantime, these are my two favorites.







Brian! You will do great. A low pressure wedding sounds like the best start. I'm terrified to do one also. My new camera is much, much better at metering than the D80 so I'd say test that out when you practice. It was so annoying to put it in a priority mode and come back with underexposed shots that the camera thought were fine.

I'm supposed to be a 2nd shooter at a wedding in a month but it's kind of up in the air. I hope you have some tips when you come out of it!

[brianward81]

Thanks man - getting a vote of confidence from you guys really helps. Those pics are awesome! All the research and flash stuff, flipping through these pages n such has surged my determination to really get a handle on things and get to a point where this hesitation and doubt is at least a little subdued.

[dazmania83]

saw the sun shining through the tree. so I snapped it.

[ThisIsMyUserName]

Brian, how did the wedding go?? Any shots you can post?


I've had a thing for birds lately. I'm struggling to get a chickadee that won't turn around, and a ninja woodpecker.

Gray Jay



Common Grackle



Grackle landing



Beach Eagle



Tufted Titmouse



Northern Cardinal (Just had babies!)

[brianward81]

Nearly finished the processing, will go into things more when I post some pics. It went well but I stressed way too much before and after to the point where I don't want to go near a wedding for a while. BUT it did give me a great boost to get better and get shooting more. I'm dying to shoot something else but I don't want to till I get these done.

Thanks for your interest guys, Dazmania I got your PM but forgot to reply.

[SanFranStagehand]

The bird shots are really nice. They remind me of the sample images that come with Apple Aperture. They're super sharp, what lens did you use?