Simple Legal / Ethics Question - heh, heh

The local HS soccer team hired me to shoot the entire team in action for a slideshow at their banquet plus make posters of the senior athletes. I use a PS template I made to make pretty nice sports posters and I do this kind of work regularly.

The senior team captain tore her ACL in the 3rd game (before they hired me) so I have no opportunity to shoot her. The athlete has high resolution digital images from a different photographer that she purchased. My clients want me to use the image file that they have bought to put into my template so that they have a poster to match the other seniors.

So....This is raising some concenrs in my head around two main areas. The use of the purchased high resolution file commercially (even if I do this one poster gratis to complete the job I suspect an issue) and the modification of the photo. My simple question:
1. Is there any reason to think that the parents can modify the image file they bought as well as reproduce it?
2. There is no clear statement from the photographer's commercial website. I went to his site and picked a photo at random which I could purchase the high resolution file. The high res file purchase suggested that it allows unlimited reproduction. Is it assumed this limits commercial use? Is what they are asking me to do commercial use?

Fill me in.

Personally, I'd email the original photographer, explain the situation, and ask for permission.

Trainboy wrote in post #10212756
Personally, I'd email the original photographer, explain the situation, and ask for permission.

I second this. It's not difficult to ask.

"It's easier to beg forgiveness than to ask permission" fails when the law gets involved.

I would ask as well. Explain well the situation so they understand that it the team that is suggesting you ask. Not just some GWC asking for a image for free. If I was the other photographer, I would have no problem with the situation.

Trainboy wrote in post #10212756
Personally, I'd email the original photographer, explain the situation, and ask for permission.

+1.

Well, did the team purchase the soft copy of her photo?

Than, isn't it legally the school's property?

Regardless of what you ultimately end up doing, the professional thing to do would be to email the photographer and explain the situation and ask for permission. It's only for the slideshow, right? You wouldn't be selling the posters also? Anyway, in my opinion, Not only is it the professional thing to do, It's just good karma.

mchong75 wrote in post #10213174
Well, did the team purchase the soft copy of her photo?

Than, isn't it legally the school's property?

No. The copyright of that photo still resides with the photographer. Effectively by selling a high res digital image, the photographer has granted a license to use and reproduce the image. The question is whether that (implied?) license also allows the purchaser to modify the image or provide it to a third party to use and possibly earn money from.

I'd ask the other photographer but I'd suggest a phone call over email. We're so quick to fire off an email and it's so easy for the recipient to misunderstand our intentions. Touching base personally on a phone call will allow you to explain the situation better, and it's harder to say 'no' to someone in person or on the phone than in an email

Trainboy wrote in post #10212756
Personally, I'd email the original photographer, explain the situation, and ask for permission.

I'll chime in with the rest saying the same thing. Unless they purchased the photos with a license for commercial use, contact the photographer and explain the situation.

Rubi Jane wrote in post #10213997
I'd ask the other photographer but I'd suggest a phone call over email. We're so quick to fire off an email and it's so easy for the recipient to misunderstand our intentions. Touching base personally on a phone call will allow you to explain the situation better, and it's harder to say 'no' to someone in person or on the phone than in an email

A very good point, although you might want to request a response via email so you have a record of permission being given.

mchong75 wrote in post #10213174
Well, did the team purchase the soft copy of her photo?

Than, isn't it legally the school's property?

In the US, the original photographer owns the copyright unless the photographer is an actual employee of the school system and photography is part of his job or there is a contract specifically stating that the job is "for hire" and the copyright is being transferred to the school.

The owner of the copyright has the only legal right to determine when, how, and by whom other copies can be made, including derivative works such as this poster.

AdamC wrote in post #10214296
A very good point, although you might want to request a response via email so you have a record of permission being given.

After the phone call, send an email restating the understood agreement and requesting a response.

mchong75 wrote in post #10213174
Well, did the team purchase the soft copy of her photo?

Than, isn't it legally the school's property?

I doubt the team "purchased" the photo. They most likely "licensed" the photo for specific usage, which may or may not allow another photographer to include it in a collage of other photographs.

I "buy" all my music "soft copy" from Amazon's MP3 store. That doesn't mean I can start selling my mp3s to folks since I "own it"

http://www.google.com …8&startIndex=&s​tartPage=1

I would notify the other photographer and, if I were feeling generous, offer a fair (cut-rate) compensation for use of the image. The other tog has already made their money from sale of the image.

If he/she thinks that it is in his/her interest to pursue legal action over putting a single photo in a template for a customer who has already paid them.... well... then they must already have a lawyer on retainer.

I know many of you will cry foul, but I am being practical. The team/player has already paid both photographers and this is a single image with almost no resale value that is being used.

I say, take the image and apply the template. Make your customer happy and don't worry about another tog being butt-hurt about an image they already have money for (and won't ever sell again).