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Old 03-22-12, 12:06 AM   #8
Evan Young
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Join Date: May 2001
Location: Mid Atlantic (PA)
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ok, here's a point of view from the other side of the lens.

Just because you are in a photo doesn't mean you have any right to the skill, equipment, and artistic eye it took to create that image. If you want to use a photo, you should expect to recognize the photographer in some way. Photographers have their work stolen all the time, that's why they put watermarks on them.

A photographer can sell images of you for journalistic and editorial purposes all day long, and they can use the images they took of you for their own portfolio all day long. What they can't do is sell your images to other people or organizations for commercial use without your image release. So a photographer can't sell an image of you with a top hat and magic wand and sell it as a stock photo to every company out there who wants to pretend like their product is magical. They can, however, sell their image to the newspaper who can then run that image on the front page with a headline about the event you were part of, and they owe you nothing. Many events hire photographers to document the success of their event, and if they use those images to promote the next year's event it could be argued that they are using it in an editorial manner. If you are somehow portrayed as a spokesperson for something, you might have something to say about it. If you are somehow misrepresented in a concrete way, you may have something to say about it. Really, if they are going to use your image to promote a future event, they should probably get your image release just to cover their bases, but.... eh

Isabella's contract is all fine and dandy, and her use of it is harmless I'm sure, but think about it from the photographers perspective. They invest thousands of dollars and hours into their trade, and they negotiate a price for documenting an event. If, all of a sudden those images are being used by the entertainers at that event for their own separate commercial gain, they have a right to be pissed. That photographer doesn't owe you anything, they only owe their client for their services.

At the end of the day, think about this. If an event gets a great image of you that they like and use for years to come, or even just look at for years to come, that's years of them remembering you in a positive way. I would shy away from making anyone regret taking your picture.


Last edited by Evan Young; 03-22-12 at 12:36 AM.
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