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Posts tagged ‘Commercial photography’

Sometimes There are too Many Things

There is no post today for Photographers.com.au, seems they don’t want me to write for them anymore, I think, I don’t know really.  They have stopped responding to my emails so I assume that means that they don’t want my posts anymore.  I thought for today I could a post for you about some other things, photography related, but they are little things.

How to tell someone to stop stealing images!

When I did my post yesterday I received a comment from someone who thanked me for what I had said, but she had a small problem, she (D) knew someone that was taking her photos and then pretending that they were their own.  I think the person taking the photos was taking them from others as well, I’m not totally sure, but still, if you knew someone who was doing this, what would you do?

D asked me, but I didn’t really know what to say, so I thought I would ask you and see what you would do.  Maybe give D some ideas on how to stop this person from stealing photos and pretending they own them.

LeanneCole-city-20131107-0165When do the images belong to me?  Follow up.

I got emails back from the State Library of Victoria and the Block Arcade.  The first building is a publicly owned building, belongs to the State Library of Victoria, and the other is privately owned.

The State Library of Victoria have pretty much said the same as what we would expect.  That amateurs are allowed to go and take photos, in most parts of the building, there are some that are off limits.  You can photograph the building, but you cannot photograph the library patrons.  I assume if people are in the images, but not the subject, then that is probably okay.

There is a photography policy and this is what was sent to me:

The policy states:
3.2.3 Cameras and video equipment: Library spaces and buildings
Permission is not required for non-commercial or private photography within the public areas of the Library building but:
• photography of other users is not permitted
• permission from the marketing and communications manager is required for photography in the Keith Murdoch Gallery
• the marketing and communications manager, media coordinator or venue manager should be contacted if the photography is for commercial or public relations purposes. There may be a supervision fee and commercial use is subject to a reproduction fee.
All photographic or other equipment carrying bags must be presented for security inspection when leaving the Library.

LeanneCole-city-20131207-5412The Block  Arcade also has similar restrictions.  It is a privately owned building and therefore they have a lot more restrictions in place about taking photos of it.

Here is part of the email they sent me:

The Block is a privately owned heritage arcade, we are thrilled that tourists visit us on a daily basis and they take photographs for their own
“memories purposes”.

However, we do reserve the right ourselves to the commercial use of Block
Arcade images in conjunction with our retailers e.g. Card & Caboodle.  A
variety of cards and postcards and tea towels have been produced over the
years via this arrangement.

It is such a difficult thing to work out, and I think when I wrote the original post on this I stated that it really is up to you to find out what is and isn’t allowed.  When you can and can’t sell photos of places is so different for each different building.

The one thing I haven’t been able to work out is if there is a difference between using an image for art, or to sell to people to hang on their walls and for using an image for commercial purposes.  So many people think that they are different.  I need to find this out, perhaps that can be my next challenge.

One on One Photography Lessons

Yarra River Bridge looking at Southbank

Yarra River Bridge looking at Southbank

I have been working on  my One on One Photography Lessons and getting them ready to start advertising more.  I really want to push them.

I thought I could offer them as either one 4 hour session, or one 8 hour session that can be broken up into two 4 hour sessions.  I would love to do more of these.  I thought people who might be interested in doing them would be people who want to learn photography, but I also thought that people who want to get good photos of Melbourne when they visit could get me to help them get those images.  Of course, I know Melbourne fairly well.

I like this idea,  so am working on webpage and hopefully can start advertising them.  That will be the next thing, how to advertise them when you don’t really have any money.

Enough of the little things, enjoy your day.

21 Days To Go and Stepping Away from Christmas

LeanneCole-webb-6938Today I have taken a break from Christmas and written another post for Photographers.com.au.

As I said last week, I have been thinking about setting up my own stock library, and with this idea, some new problems have arisen, so please take a look at When Does it Belong to Me.  It would be great if you could leave your comments there as well.

That Belongs to Me – More on Copyright

Track Worlds

With Accreditation to the UCI World Track Championships I could photograph everyone riding and I retained the copyright for all images.

When I was photographing some cycling events there was a rider that would say to me “you can’t take my photo, I haven’t given you permission”.  In response I would say, “I don’t need your permission”.  He thought I needed his permission because I was photographing him.  Then many riders, mainly juniors, would think they owned the images because the images had them in them.  This is a common problem and one that was brought up last week as well.  I thought today we might have a look at Copyright ownership, or who owns the copyright on the photos.

Again, most of what I am going to say will refer to is Australian Law.  While much is similar from country to country, state to state, it is something that I recommend you all find out about in your own country.

So, according to our laws, the first owner of copyright is the photographer, the person who took the image, and not necessarily the person who owns the camera.  So if you lend your camera to someone, and they take a photo, then that image will belong to them, not you.  However, for most of us here, it means if you take a photo, then the copyright belongs to you and you can do what you wish with that image.  Of course there are always going to be exceptions.

The rules are different again for photos that are commissioned for newspapers and magazines.  I am not going to go into them here, as I don’t think it is of major concern to us here, but if you are taking photos for magazines and newspapers then you should be aware of what your rights are and what you are allowed to use the photos for.

But what happens when someone commissions you or pays you to take photos?

In Australia the laws vary according to the date that they were taken.  For the purpose of this blog we will look at the law as it stands now and has done since 1998.

Briony - My ChoiceIf you are paid to take photos for private purposes, such as wedding photos, family portraits, child portraits etc, then the ownership and therefore copyright will belong to the client, or the person who has paid you to take the photos.

The image above, as most of you know, is of my daughter.  It is a portrait and would be considered an image taken for private use.  If this was not my daughter, and her family had paid me to take this image then I wouldn’t be able to put this image here without the parents permission and for my own protection I would get a model release form signed as well.

I know some photographers have it as part of the agreement or contract with clients that they can use some images for publicity.  Though, I am sure if you said you didn’t want that they would still take your photo.

If, however, you are paid to take photos for commercial purposes then the images still belong to you unless you come to an understanding with your client.

if they were taken for any other purpose (e.g. commercial shots), the photographer will be
the first owner of copyright, unless the photographer and client agree otherwise.sced20121125-0124

It is quite interesting to read.

In November, you may recall, that I went to the BMX State Championships at Knox.  I was being paid to be there and my job was to photograph the women and girls at the racing.  As the images are to be used for commercial purposes, I would suppose that the images still belong to me.  However, I would assume that they aren’t mine to sell.  The image on the right was of the men racing, I took some while waiting for the women/girls, so I am pretty sure I own the copyright on them.

Another area that can be confusing is when you are taking photos in a building that you think is public but isn’t.  Many sports stadiums are thought to be public, but they aren’t.  Usually the people who own the building, the government organisation or private owners have the say on who can take photos in their buildings.  Generally if you have the owners permission to take photos in that building then you don’t need the permission of the individuals.

At the beginning I talked about the kid who said I couldn’t photograph him.  As it was a cycling event, in a velodrome, he may have been able to make a case, but since I had the permission of Cycling Victoria to take photos for myself and them, I didn’t need the kids permission.  Of course, you have to be reasonable and if someone really doesn’t want you to use their images, then why would you?  It will be better in the long run not to use that image and use another one.

I have only ever had one person say I couldn’t photograph their child or put photos of their child up on my website, I obeyed, even though the images were taken on public roads, it was easier to exclude them and not put them up.  In the end, the parents gave their permission after it was obvious that their child was the one being blurred out of images.

Track World Cup - Hisense Arena 2012I hope this has cleared up some questions, and helps some.  I know this wasn’t asked for, but after last weeks post I felt it was warranted to do.

For links to various countries copyright organisations then please go back to last weeks post, The Public in the Copyright Issue.

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