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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 12 Apr 2010 (Monday) 17:34
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tfcd... can models edit my photos that i give to them without my permission?

 
Jam71868
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Apr 12, 2010 17:34 |  #1

Ya... that.


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mikekelley
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Apr 12, 2010 17:49 |  #2

Sure, they can, but it's bad form, unless you had them sign a contract stating otherwise


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M_ark
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Apr 12, 2010 17:52 |  #3

do they sign a release agreement? what are the terms of the agreement?
Mine states:
"The Photos may not be modified, edited, retouched or otherwise altered without Photographer’s prior approval."

So if they do, i just tell them they signed an agreement stating they wouldn't do that, and ask them to remove/delete the images in question (or face further legal action).


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jra
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Apr 13, 2010 17:45 |  #4

^^^^^what he said :) As a general rule, it's considered bad taste but if the model is new or inexperienced, they probably don't see the harm. That's where you must make yourself clear in the agreement if you are against it.




  
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Tarzanman
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Apr 14, 2010 12:51 |  #5

Don't be a hater. Let them. If it bothers you, just ask them to remove the photographer credit.




  
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alabama1980
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Apr 14, 2010 17:36 |  #6

erm...I was always under the impression that it was illegal to alter a copyrighted work.


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Apr 15, 2010 11:01 |  #7

alabama1980 wrote in post #9995869 (external link)
erm...I was always under the impression that it was illegal to alter a copyrighted work.

Depends on the usage and the contract.

But generally, this falls into the "commercial" realm, and commercial photographers certainly expect the client to alter the images however necessary for their purposes. I doubt any of the commercial images you see in magazines or billboards have been unaltered. It's not "bad taste," it's the way the world works.

A TFP deal is essentially a commercial transaction, just bartered services instead of money. The model paid you for the photography with her modeling services. She should have the right to alter the images for her purposes just as any other commercial client would, within the boundaries of the license you gave her...but a blanket "no alterations" is more restrictive than reasonable for a commercial client, whether you were paid with money or services.


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Jimconnerphoto
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Apr 15, 2010 19:14 |  #8

I would request they not modify images. If they do I request they not reference me or my site.
This should absolutely be clear with your written agreement.


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alabama1980
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Apr 16, 2010 02:22 |  #9

RDKirk wrote in post #10000210 (external link)
Depends on the usage and the contract.

But generally, this falls into the "commercial" realm, and commercial photographers certainly expect the client to alter the images however necessary for their purposes. I doubt any of the commercial images you see in magazines or billboards have been unaltered. It's not "bad taste," it's the way the world works.

A TFP deal is essentially a commercial transaction, just bartered services instead of money. The model paid you for the photography with her modeling services. She should have the right to alter the images for her purposes just as any other commercial client would, within the boundaries of the license you gave her...but a blanket "no alterations" is more restrictive than reasonable for a commercial client, whether you were paid with money or services.

I wanna be smart like you when I grow up. :)

I really did not know that. Thanks for the detailed explanation!


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amfoto1
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Apr 16, 2010 15:30 |  #10

The model can alter the images, after checking with the photographer about it.

The photographer then has the option of saying "Sure, no problem, go ahead and make the changes you propose." or "Well, if you really must do that, please remove any reference to me as the photographer because I don't want to be associated with it." or "Absolutely not. If you do, I'll sue."

It's not a limitation that prevents the model from doing what she wants. It's just informing them that they need to check with the copyright holder before doing so.

The purpose of the limitation is to prevent some really awful editing or mods (in the photog's opinion) from being done, then shown as an example of the photographer's work, damaging their reputation, reflecting poorly upon their skills or even potentially costing them future business and income.

You can do the same thing before the fact by either accepting or rejecting for whatever reasons a commercial job, which is usually spelled out a lot more specifically than spec shooting with models.

There's nothing at all wrong with controlling your work and the way it's presented to the world.


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sfaust
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Apr 22, 2010 20:23 |  #11

They only have the right if you grant it to them, otherwise no. The same works with commercial work where the client has no rights to the images until the photographer grants it to them in the contract. Most commercial agreements will stipulate if/how the images can be altered, with most granting liberal alterations as part of the fee accepted. But its also not uncommon were no alterations are allowed and the client is restricted as to its presentation.

In all practicality for a TCP scenario, why not let them. I usually allow it and only ask that they don't use my name, or present the altered work next to my version such that its obvious I took both versions. I do this since their version is really no longer 'my work', and it may not be up to my own personal standards.


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tfcd... can models edit my photos that i give to them without my permission?
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