Showing posts with label Rights. Show all posts

Saturday, November 29, 2014

Don’t Put a Target on Your Back!

Technorati Tags: disclaimer,professional,postings,comments,photographs,rights,copyrights,social media,information,ramblings,legal standing,nonsense,photographer,model

It appears that we are entering another apparently annual round of people worrying about their copyrights, and rights to their profiles, postings and comments they post on the internet, especially on various social media sites they may belong to.

In response, they seem to rely on one or both of the following stock “Legal Notices” they find on the internet, to try and guarantee protection against photo, and or profile theft:

Today, (Month, Day, Year) in response to the Facebook (or other social media site) guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are attached to all my personal data, drawings, paintings, photos, texts etc... published on my profile. For commercial use of the foregoing my written consent is required at all times.
Those reading this text can copy it and paste it on their Facebook (or other social media site) wall. This will allow them to place themselves under the protection of copyright. By this release, I tell Facebook (or other social media site) that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents.
The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook (or other social media site). The contents of my profile includes private information.

Facebook is now an open capital entity.

All members are invited to post a notice of this kind, or if you prefer, you can copy and paste this version. If you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile

I declare that I own full rights to my profile, as well as all information and pictures appearing in conjunction with my site ID and Profile. I will fully prosecute my rights, in relation to anybody misusing those rights, especially students of (particular) University to use any of that information or pictures in their studies or coursework.

…or words similar to these.

Like the vast majority of disclaimers, these and similar legal sounding ramblings are useless with no legal standing, or added protection to your rights.

Note that there are several things which should raise questions about the indiscriminate use of these notices.

It seems that the only country to have a “code of intellectual property” is France, so how would that be relevant to Australia, or America, (where most of the social media sites seem to be located)
What is an ”open capital entity”?
Why are you expressly instructed to not “share” the notice, but specifically “copy and paste it”?
Why do you need to specifically post a dodgy sounding, pseudo legalistic notice to place you under copyright protection, when you are already fully protected under Facebook’s, or any other site’s terms and agreements, and more importantly Australia's ( or any other nation’s) Copyright Law.

It seems to me …and I am not a lawyer, but I do have a decent working knowledge of Copyright…that at best this is just some useless nonsense, made up at some stage by some paranoid “bush lawyer”

Most likely though it seems to scream

“IAM A COMPLETE PRATT!”

“I do not understand copyright, and I have not read or understood the Terms and Conditions of the site I am a member of.”

“So feel free to steal my pictures, my postings, or my complete profile”

But above all, if the poster claims to be a professional photographer, model or in any other arts related field, I would regard their professionalism with the contempt it deserves.

Friday, July 18, 2014

Working with Under Age Models


Working with underage models is easy	if all the rules and regulations are observed before and during the shoot.

Maybe it's the school holiday season, or maybe even the onset of spring “when the dirty old man's fancy turns to photographing nubile chicky babes”, but the Internet forums have had more than their usual share of questions along the lines of: “What do I do when an underage girl approaches me wanting to be photographed?”

The stories of recent years involving illegally obtained mobile phones with ensuing exorbitant bills, and illegally obtained tattoos should be a pretty good indication.

However it seems that rather than the photographer going to the trouble of finding out the law as it stands in his region, state, or country, the question is thrown open to Internet forums and Facebook friends in the hope that if a good enough number of “Internet experts” vaguely agree with what he wants to do anyway, then it somehow makes it the right thing to do.

The responses are always strangely predictable, and fall into the usual distinct groupings:

total ignorance of the law.

total contempt for the law.

an interpretation of the law based on what an individual would like it to be, rather than what it actually is.

an egotistical interpretation where the law applies to everyone else, except ‘me’

the mantra of the latent criminal: it is not illegal unless you are caught.

an occasional lone voice who recommends checking with the appropriate authorities.

As it is also technically illegal to give legal advice when you are not qualified to do so, and I am not: therefore it is sufficient to indicate that the law which applies (in most countries – CHECK for yourself!) revolves around the age of majority and/or consent (it does not only have to do with sex, y’know) and the inability of a minor to ‘contract’.

Therefore if you are a photographer, rather than a guy with a camera (GWC), it is advisable to first check the law as it stands: most laws and regulations are very specific and unambiguous: laws are generally only complicated and onerous to those who do not wish to understand.

My personal rule of thumb when approached for photographs by teens who appear to be under the age of majority:

Ignore most of them: most are not serious, and few have anything of interest to a professional or serious photographer anyway. (Just as not everyone can or should be a photographer, not every girl with stars in her eyes has what it takes to be a model – rule of thumb: an amateur photographer uses his friends and acquaintances to learn and practice; a fauxpro is desperate to get anybody in front of his camera, and it shows in his photos; a professional picks, chooses and rejects everyone except those with real ability or potential, and goes with the one model who is most suitable for his current project or vision.)

If there is genuine potential, as well as signs of genuine interest and dedication, the parents should be referred to at the earliest opportunity. It is the parents or guardian who you will be dealing with for all contracts, transactions, model releases, and required legalities, including the most important: their Parental Permission (preferably in writing) for the photography to actually take place.

(It goes without saying that the girls who say they don't want their parents to know about it, or want to see if they are any good before they tell their parents, or they want to surprise their boyfriend with a professional pic, and even the seemingly innocuous “go on take a picture of me” that happens at public events: are all potential trouble with a capital T.)
I would still not go ahead unless I could ascertain in person that the parents were fully supportive, involved and, fully cooperative: those who seemed to be uninvolved, uncaring, or worst of all, meekly controlled by the kid’s whims would be an instant deal breaker. At the opposite extreme so would be the obsessive stage mum.

©Copyright: Stephen Bennett, MMXIV
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including any photographs and files downloadable from this website, without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au.
We may change these terms of use from time to time. Check before re-using any content from this website.

Interesting Links:My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me

Wednesday, July 2, 2014

Rights of Various Participants in a Photo-shoot...Part Two:

The Photographer´s Rights

In most cases, (including when a shoot is commissioned by a client), the photographer retains copyright in any and all photographs taken at the shoot.

He then licenses (limited and lawful) usage of those photographs to the client, or to other users, and potential markets, and usually, but not always, licenses a limited usage to the model to allow him/her to promote themself on the internet and within a printed portfolio.

Model with Assistant/MUA/All in One

Photographer´s Assistant

Many models, actors, and photographers are keen at times to act as a photographer´s assistant, and it is a great experience to see a shoot, and learn from both sides of the camera. I regularly ask models, especially those interested in photography to assist me on shoots with beginner models.

Several models have asked what does an assistant do? (apparently very little!)

Apart form the stock answer ¨there is always a reflector to hold¨ they are actually very valuable:

they do wonders for putting an inexperienced model at ease,
they liaise easily between a male photographer and a female model where a new working relationship may be a little tense at first...(believe me it is on both sides)
they also keep inquisitive onlookers at bay,
they keep valuable photographic equipment secure while the photographer is concentrating elsewhere,
they attend to makeup, hair and clothing, and any problems which arise.

But of most value to them: they learn, and learn quickly by observing, helping and doing.

Assistant’s rights: besides respect and value for a job well done, they are also encouraged (by me, as well as many other professionals) to take some of their own photographs during a shoot, when time permits...to which they do own the copyright, although if the shoot is for a client they are under the same limitations of usage as the photographer.

However it is advised that they get the photographer´s permission to sell or license any of the photos they do take, before they do so.

Second Shooter

A second shooter is often required on big shoots such as a large wedding, or an event where the main photographer simply cannot be in two or more places at once.

I have been told of photographers being asked to be second shooter on model shoots and similar, but I can not fathom why one would ever be needed.
( I do however have a suspicion as to why, namely the photographer thinks the second shooter will have ideas better than his own, or will take better shots than he himself is capable of...the reason for this will be become obvious in the next paragraph)

The second shooter has no rights to ownership of any of the pictures he/she takes on a shoot...they are actually contracted to the #1 photographer (unless working under other previously agreed arrangements) who owns copyright of all the shots taken whether or not he pressed the shutter button, or owns the camera equipment used.

And because most shoots which are big enough to require a second shooter are usually commissioned by a client, there will be little or no credit or portfolio use offered as well.

However more agreeable second shooter terms can be negotiated with certain photographers on certain projects...one possible scenario is when one shoots stills while the other shoots video, an arrangement I often work under.

Makeup Artist

Very few rights: they own no rights to the photograph at all as expected, and just as a model allows usage of their likeness, a makeup artist allows usage of their makeup design, which in most cases is fairly standard and therefore not original or copyrightable.

They may or may not be offered photos for their portfolio and self - promotion.

The Make up artist’s more elaborate original designs: often seen in photographs these days (but incidentally these photos which have little saleability), is technically subject to copyright, but in practice they have given permission for their design to be used.

Similarly an original design of a tattoo may be copyright (in some cases) to the tattoo artist, but they cannot stop people from looking at it, or photographing it once it is on someone´s body, or in the public domain.

The Stylist

This category is only included for the sake of completeness as the vast majority of us will never come across a stylist in our day to day photography.

As an important member of high end commercial photography teams, the stylist is responsible for strict adherence, and even improvement upon the shooting brief, and for making certain that the client’s product is seen in the “best light”, and therefore have the right of input into all aspects of the shoot to ensure that happens.

At the opposite end of the photographic spectrum it is apparently the rising trend to have at least one “stylist”, and sometimes several: hair stylist, set stylist, furniture stylist, clothing stylist, shoe stylist…well the more the merrier.

As to their actual function? Well who really cares as long as everyone is having “fun”?

Model´s companion

(includes stage mum, chaperone, boyfriend, minder)
No rights whatsoever, except to keep their charge safe, and out of harm´s way.

Can be ejected if distracting the model or the photographer or interfering in any way with the shoot

However it is usually a very good idea to have a mum around when:

the model is young and inexperienced
is under 18
it is the first meeting between an unknown model and photographer
the shoot is being run by an amateur

Young, same age as the model girlfriends are not a good idea
...boyfriends, however, are never much more than a distraction to everybody involved.

NB: Professional shoots

In some cases, including on my shoots, especially when a model is young and/or inexperienced, a mother of family member is welcomed on set, (as long as they are not tempted to interfere with what is essentially a job of work - and there is always a reflector to hold) but in the majority of professional shoots with most professional photographers a minder of any sort is completely banned, and totally unnecessary. (let´s face it: do young people take their mum or boyfriend to their job behind the McDonalds counter?)

The last remaining question:

What if, as so often happens in the internet modelling arena, a model, a makeup artist, or even a stylist, organises or facilitates (commissions?) the shoot and merely enlists the photographer to press the shutter button?

Is the model, the makeup artist, or the stylist entitled to copyrights of any kind over the resulting photographs?

Afraid not! This is technically a commissioned shoot, and as with all normal client commissioned shoots the photographer owns the copyright to the photographs, unless the photographer has signed a contract with the client, or is willing to sign over his copyrights to the client in writing.

This is one of the reasons so many internet modelling arrangements instigated by models or makeup artists attract only amateurs or very inexperienced, non-savvy photographers, as no professional photographer would ever agree to signing over copyrights without receiving a very large payment.

This last entry pertains strictly to Australian Copyright Laws and may differ in other countries.

None of the above is not meant and should not be taken as legal advice … it is information gleaned from many years experience as a practicing photographer.

For further information refer to: Australian Copyright Council website: www.copyright.org.au

P.S.: you will appreciate that I refrained from saying “I am not a lawyer, nor do I play one on TV “ which no doubt would have sent you all in to hysterical fits of uncontrollable laughter…or so it would seem from the number of times I have seen this phrase posted ad nausea over the past fifteen years, by legions of “internet experts” who do not want to assume any responsibility for anything they say on innumerable forums.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including any photographs and files downloadable from this website, without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au.
We may change these terms of use from time to time. Check before re-using any content from this website.

Interesting Links:
My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me

Wednesday, June 25, 2014

Rights of Various Participants in a Photo-shoot...

Part One: The Model´s Rights

Traditionally a photo-shoot involves two people: the model and the photographer.

Other people are sometimes involved to complete various work necessary to making the shoot a success, the tendency being the more commercial the shoot, the more people involved.

Therefore what rights do these various people on a photo-shoot have, both during the actual shoot, and in the results of that particular shoot.

Also as many models, actors and photographers, makeup artists and really just about anyone, are often keen to get involved in many different roles within their industry, and therefore learn by actually doing, I offer the following summary of their ¨rights¨:

The Model/Actor

The model only has one right available to him/her to exercise; the right to the use of their ¨likeness¨.
They give the photographer permission to use their likeness for any lawful purpose, by merely standing in front of the camera, and allowing photographs to be taken, or by applying/attending to a photo call.

If it is a commercial shoot, or it is envisaged that the resulting pictures may be used for commercial purposes in the future, the model is asked to formalise this permission by signing a written ¨model release¨.

Shoots are often explained to a model verbally prior to a shoot, or at an audition, or in written form in a casting call. These conditions should be understood completely, considered carefully , and the requirements followed. Always ask if anything is in doubt or has not been explained adequately to your satisfaction.

Some shoot conditions often require nudity: and the model should always retain the right to the degree of nudity she is willing to allow.

It is always a good idea to state somewhere in writing, what you are prepared to do, and I (and most other professional photographers) have a question in my model information form which asks if a model is prepared to pose in swimwear, lingerie, topless or nude,
When these questions are asked, make sure that you answer definitely with ¨yes¨ or ¨no¨: if you wish to consider based on your future interaction with the photographer, state clearly that you will decide later, and make certain that you ask to amend the form at a later date.

If later, or during a shoot a photographer tries to ¨convince¨ a model to go past what she has stated is her limit, he is actually violating your right to your likeness.

If however you take part in a shoot which has stipulated beforehand that a degree of nudity is required, you have no right to decline when it is asked for.

Technically also, and this applies to most professional photographers, and most shoots, models do not have the right to review, or veto the use of any of the shots taken during the shoot.
Most photographers will allow or license a selection of the shots to the model for use in his/her portfolio, and for self promotion, although technically this is not required.
If the photographer is shooting for a specific client, that client may not allow the model any photographs at all.

Disturbingly to both professional photographers and models two trends have emerged recently:

Photographers, mainly amateurs, but also those who should know better, have been offering, or promising ¨rights¨ to models that they are not in a position to offer, and that models are not entitled to. This is almost always under the guise of ¨considering the model´s welfare¨, but in reality is confusing to new models, as they go on to demand these ¨rights¨ when dealing with professionals, and as a result are quickly shown the door.

Some models have landed themselves in very expensive trouble by selling prints of themselves which are copyright to others, or leasing their photographs to magazines, and thus breaching the copyright (and damaging the potential income, livelihood, and reputation) of the photographer who generally owns the copyright to all the photos taken during a shoot...one well known stable of magazines actually encourages this practice thus adding confusion to what is a clear cut case of copyright ownership.

Models do not own any copyright in photographs they appear in: and although there has been a great deal of waffle (especially on internet forums) about joint copyright, a professional photographer would rarely if ever consider such a logistical nightmare.

Remember, that all photographs accompanying this blog are Copyright (All Rights Reserved) and may not be used for any purpose whatsoever without written permission from the photographer.

Interesting Links:
My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me