[cod-photolist] Copyright Question

[Courtney Penzato]

This may be a silly question, but...

My boyfriend wants to use an image of mine of a girls profile yawning. However he wants to modify the image into something graphic for his band's flyer. My question is this, if he uses my image and modifies it, is it still considered mine? A lot of people see these flyers and if my image is on there is like the credit.

He is also better with graphic stuff in photoshop than I am, so it makes sense for him to do the design. If this is going to compromise my copyright, I'd rather I do it myself, or he find a stock image.

Sent from my iPhone

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[Courtney Penzato]

Well yes, and the consent is there for her face to be moved. However, her face will become a silhouette. But I assume her release is just as valid...

Sent from my iPhone

On Mar 4, 2012, at 10:39 PM, "Bob Tamburello" <bob-tam...@comcast.net> wrote:

> Isn't there another issue here? The string below states that her friend
> wants to use an image of a girls profile. So shouldn't there also be a
> model release? Just wondering
>
> Bob Tamburello
>
> -----Original Message-----
> From: cod-ph...@googlegroups.com [mailto:cod-ph...@googlegroups.com]
> On Behalf Of Mitchell Manz
> Sent: Sunday, March 04, 2012 6:34 PM
> To: cod-ph...@googlegroups.com
> Subject: Re: [cod-photolist] Copyright Question
>
> Under credits you can have noted: original photo by: Courtney Edits (or
> something) by: Courtney's boyfriend
>
> Mitchell Manz
>
> 773-551-7810
> www.mitchellmanzPhotography.com
> 321 State st. Geneva IL 60134 suite D
> Like me on Facebook
> www.Facebook.com/mitchellmanzPhotography
>
> On Mar 4, 2012, at 2:13 PM, Ann Mehrman <ameh...@gmail.com> wrote:
>
>> Be sure to have him list you on the cover credits...
>> (I hope you have a happy future together but...since he is just your
>> boyfriend you have no legal connections. If you are planning to be a
>> professional photographer, you can start treating your work
>> professionally and just write something up.)
>>
>> If you don't register your image, you can't defend it in court, if
> something happens that you need to:
>> http://asmp.org/tutorials/copyright-primer.html
>>
>> This story of a model whose image was used without his permission gives
> you an idea of what crazy things can happen with image rights:
>> http://www.cbsnews.com/stories/2005/02/01/national/main670754.shtml
>>
>> Ganbatte!
>> Ann
>>
>> On Mar 5, 2012, at 8:52 AM, Courtney Penzato wrote:
>>
>>> Thank you, he's my boyfriend so it's not like I don't know the guy, but
> in terms of marketing my work, it would be nice if people k we it was my
> image considering the high volumes of people who view these flyers.
>>>
>>> Thanks so much.
>>>
>>> Sent from my iPhone
>>>
>>> On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote:
>>>
>>>> Hi,
>>>> I am not a lawyer so I would not want to give you advice that wouldn't
> hold up in court if there was a dispute.
>>>>
>>>> You outline how your image can be used in your licensing contract. You
> automatically have a copyright on your image but you only have a defendable
> one if you register your image. If there is extensive photo manipulation
> that in essence creates a new image and concept from your image and you
> included this right in your licensing, then there may be other copyright
> concerns from the artist who used your image to create a new image.
>>>>
>>>> Here a couple resource links from ASMP that might be helpful:
>>>> http://asmp.org/articles/working-assignment-photographer.html
>>>> http://asmp.org/tutorials/frequently-asked-questions-about-copyright
>>>> .html
>>>>
>>>> Ann Mehrman

[Ann Mehrman]

Be sure to have him list you on the cover credits...
(I hope you have a happy future together but...since he is just your boyfriend you have no legal connections. If you are planning to be a professional photographer, you can start treating your work professionally and just write something up.)

If you don't register your image, you can't defend it in court, if something happens that you need to:
http://asmp.org/tutorials/copyright-primer.html

This story of a model whose image was used without his permission gives you an idea of what crazy things can happen with image rights:
http://www.cbsnews.com/stories/2005/02/01/national/main670754.shtml

Ganbatte!
Ann

On Mar 5, 2012, at 8:52 AM, Courtney Penzato wrote:

> Thank you, he's my boyfriend so it's not like I don't know the guy, but in terms of marketing my work, it would be nice if people k we it was my image considering the high volumes of people who view these flyers.
>
> Thanks so much.
>
> Sent from my iPhone
>
> On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote:
>

>> Hi Courtney,

>> I am not a lawyer so I would not want to give you advice that wouldn't hold up in court if there was a dispute.
>>
>> You outline how your image can be used in your licensing contract. You automatically have a copyright on your image but you only have a defendable one if you register your image. If there is extensive photo manipulation that in essence creates a new image and concept from your image and you included this right in your licensing, then there may be other copyright concerns from the artist who used your image to create a new image.
>>
>> Here a couple resource links from ASMP that might be helpful:
>> http://asmp.org/articles/working-assignment-photographer.html
>> http://asmp.org/tutorials/frequently-asked-questions-about-copyright.html
>>
>> Ann Mehrman
>>
>>
>>
>> On Mar 5, 2012, at 8:08 AM, Courtney Penzato wrote:
>>

[Bob Tamburello]

Isn't there another issue here? The string below states that her friend
wants to use an image of a girls profile. So shouldn't there also be a
model release? Just wondering

Bob Tamburello

-----Original Message-----
From: cod-ph...@googlegroups.com [mailto:cod-ph...@googlegroups.com]
On Behalf Of Mitchell Manz
Sent: Sunday, March 04, 2012 6:34 PM
To: cod-ph...@googlegroups.com
Subject: Re: [cod-photolist] Copyright Question

Under credits you can have noted: original photo by: Courtney Edits (or
something) by: Courtney's boyfriend

Mitchell Manz

773-551-7810
www.mitchellmanzPhotography.com
321 State st. Geneva IL 60134 suite D
Like me on Facebook
www.Facebook.com/mitchellmanzPhotography

On Mar 4, 2012, at 2:13 PM, Ann Mehrman <ameh...@gmail.com> wrote:

> Be sure to have him list you on the cover credits...
> (I hope you have a happy future together but...since he is just your
> boyfriend you have no legal connections. If you are planning to be a
> professional photographer, you can start treating your work
> professionally and just write something up.)
>
> If you don't register your image, you can't defend it in court, if
something happens that you need to:
> http://asmp.org/tutorials/copyright-primer.html
>
> This story of a model whose image was used without his permission gives
you an idea of what crazy things can happen with image rights:
> http://www.cbsnews.com/stories/2005/02/01/national/main670754.shtml
>
> Ganbatte!
> Ann
>
> On Mar 5, 2012, at 8:52 AM, Courtney Penzato wrote:
>
>> Thank you, he's my boyfriend so it's not like I don't know the guy, but
in terms of marketing my work, it would be nice if people k we it was my
image considering the high volumes of people who view these flyers.
>>
>> Thanks so much.
>>
>> Sent from my iPhone
>>
>> On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote:
>>

>>> Hi,

[Mitchell Manz]

Under credits you can have noted: original photo by: Courtney
Edits (or something) by: Courtney's boyfriend

Mitchell Manz

773-551-7810
www.mitchellmanzPhotography.com
321 State st. Geneva IL 60134 suite D
Like me on Facebook
www.Facebook.com/mitchellmanzPhotography

On Mar 4, 2012, at 2:13 PM, Ann Mehrman <ameh...@gmail.com> wrote:

> Be sure to have him list you on the cover credits...
> (I hope you have a happy future together but...since he is just your boyfriend you have no legal connections. If you are planning to be a professional photographer, you can start treating your work professionally and just write something up.)
>
> If you don't register your image, you can't defend it in court, if something happens that you need to:
> http://asmp.org/tutorials/copyright-primer.html
>
> This story of a model whose image was used without his permission gives you an idea of what crazy things can happen with image rights:
> http://www.cbsnews.com/stories/2005/02/01/national/main670754.shtml
>
> Ganbatte!
> Ann
>
> On Mar 5, 2012, at 8:52 AM, Courtney Penzato wrote:
>
>> Thank you, he's my boyfriend so it's not like I don't know the guy, but in terms of marketing my work, it would be nice if people k we it was my image considering the high volumes of people who view these flyers.
>>
>> Thanks so much.
>>
>> Sent from my iPhone
>>
>> On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote:
>>

>>> Hi,

[Bill Dabovich]

Correct me if I'm wrong, and I may be, but it was my understanding that a model release is only required if in the image one can make out identifiable features on the person's face/body that would set her apart from the general public. So, IF that's the case, a silhouette wouldn't require a model release. 

Note I'm not an expert on the situation and everything above is just hear-say, I haven't researched any of it. 




~Bill Dabovich
Photographer
Dabo's Fotos 
http://dabosfotos.fototime.com
http://www.myspace.com/dabosfotos
"ADAPT
Attitude, Determination, Anticipation, Preparation, Tenacity" (Val Mazzenga, famous, award winning photojournalist)

> Subject: Re: [cod-photolist] Copyright Question

> From: fotof...@gmail.com
> Date: Sun, 4 Mar 2012 22:49:04 -0600
> To: cod-ph...@googlegroups.com

[Miles Boone Photography]

A quick note. You do not have to register the image with the copyright office, in order to obtain the copyright. The law states that the copyright is yours when you create the image. However, the registration will make your ownership of the copyright much more clear. Something that helps if you have to defend it.

Miles

Miles Boone Photography
117 2nd St.
Downers Grove, IL. 60515

630.963.1667

milesboonephotography.com

On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote:

> Hi Courtney,

> I am not a lawyer so I would not want to give you advice that wouldn't hold up in court if there was a dispute.
>
> You outline how your image can be used in your licensing contract. You automatically have a copyright on your image but you only have a defendable one if you register your image. If there is extensive photo manipulation that in essence creates a new image and concept from your image and you included this right in your licensing, then there may be other copyright concerns from the artist who used your image to create a new image.
>
> Here a couple resource links from ASMP that might be helpful:
> http://asmp.org/articles/working-assignment-photographer.html
> http://asmp.org/tutorials/frequently-asked-questions-about-copyright.html
>
> Ann Mehrman
>
>
>
> On Mar 5, 2012, at 8:08 AM, Courtney Penzato wrote:
>

[Ann Mehrman]

Hi Courtney,
I am not a lawyer so I would not want to give you advice that wouldn't hold up in court if there was a dispute.

You outline how your image can be used in your licensing contract. You automatically have a copyright on your image but you only have a defendable one if you register your image. If there is extensive photo manipulation that in essence creates a new image and concept from your image and you included this right in your licensing, then there may be other copyright concerns from the artist who used your image to create a new image.

Here a couple resource links from ASMP that might be helpful:
http://asmp.org/articles/working-assignment-photographer.html
http://asmp.org/tutorials/frequently-asked-questions-about-copyright.html

Ann Mehrman



On Mar 5, 2012, at 8:08 AM, Courtney Penzato wrote:

[Courtney Penzato]

Thank you, he's my boyfriend so it's not like I don't know the guy, but in terms of marketing my work, it would be nice if people k we it was my image considering the high volumes of people who view these flyers.

Thanks so much.

Sent from my iPhone

On Mar 4, 2012, at 5:17 PM, Ann Mehrman <ameh...@gmail.com> wrote: