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used someone photo

This is a discussion on used someone photo within the Business Talk forums, part of the Business Discussion category; I have shoot two wedding at this clients house in last two year. Their third daughter got married out of ...

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used someone photo - 12-06-2007, 03:14 PM


I have shoot two wedding at this clients house in last two year.
Their third daughter got married out of state I didn't know about it. They call me up two month ago and told me that they have photo of that wedding and would like to develop Asuka book. I saw the photo they all was high res 300 dpi sharp and good. So I took that and develop album.

Found out that it was a taken by professional photographer out there.
It is all done but I have put my name on back as designed by-

Did I messed it up?
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12-06-2007, 04:23 PM


Could you put photos by such and such
Album designed by you?
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12-06-2007, 04:32 PM


Guess it depends on what rights the other photog gave them. If they have rights to do whatever with the images then no. If he/she gave them limited rights to the images maybe. They should have told you.

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12-06-2007, 04:36 PM


tried to send a PM but your space is full up and you need to delete some messages.......
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12-07-2007, 01:08 PM


Clear up pm space.

Album is designed and printed and hand it over to client.
no I didn't ask what right they have for this.
They didn't told me anything either. Should I ask or just forget the whole issue.
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12-07-2007, 01:19 PM


It's too late now to ask. xIMO you should have asked up front. I have been asked in the past to do work to images that I know are copyright protected and I always refuse. I wouldn't want someone to do that to my copyrighted images. It appears to me that this crossed your mind before the album was delivered to the client, hence your post here. If I were the copyright holder, I would have issue with you and the client. It's been said here many times, "Trust your gut". If you think it might be wrong or even just not right, don't do it.
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12-07-2007, 02:13 PM


Oh man, you could have opened up a can of worms! If the Photographer did not give them rights to modifiy/alter the images, and only for personal printing, you could be in a fix. You violated the copyright agreement.

Ignorance of the Law isn't an excuse. Just becuase you didn't know...doesn't make it right. You can still be sued.

NEVER take work from another photographer and modify it, print etc. unless that photographer has given YOU express, written authorization to do so. PERIOD.

His copyright agreement was with the Client, not you. Therefore you basically have NO right to work with this photographers images.

On the up side, just hope that the copyright release given the client was complete rights, then you have nothing to worry about.

NEVER, NEVER trust what a client says...get it in writing.

CJ
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12-07-2007, 02:27 PM


Quote:
Originally Posted by CobyPhoto
Oh man, you could have opened up a can of worms! If the Photographer did not give them rights to modifiy/alter the images, and only for personal printing, you could be in a fix. You violated the copyright agreement.

Ignorance of the Law isn't an excuse. Just becuase you didn't know...doesn't make it right. You can still be sued.

NEVER take work from another photographer and modify it, print etc. unless that photographer has given YOU express, written authorization to do so. PERIOD.

His copyright agreement was with the Client, not you. Therefore you basically have NO right to work with this photographers images.

On the up side, just hope that the copyright release given the client was complete rights, then you have nothing to worry about.

NEVER, NEVER trust what a client says...get it in writing.

CJ
Thanks I will check it out I guess worst case I can take album back, give them their $$ back and then call it a day
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12-07-2007, 02:32 PM


yeah, or you might approach the photog and tell him what happened. he might not care. he might get pissed, but honesty is the best starting place. maybe you could give him a percentage of your profit as compensation, or maybe give him a copy of the album for his own self promotion. who knows, you could make a connection and design albums for him. But you may have made an enemy too.
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12-07-2007, 02:51 PM


Quote:
Originally Posted by jonnydonut
yeah, or you might approach the photog and tell him what happened. he might not care. he might get pissed, but honesty is the best starting place. maybe you could give him a percentage of your profit as compensation, or maybe give him a copy of the album for his own self promotion. who knows, you could make a connection and design albums for him. But you may have made an enemy too.
Imagine that...the Honesty is the best policy from you:

Quoted from a recent thread you poted in:
Quote:
Originally Posted by jonnydonut
never break a rule and post it on TPF. Trespassing to get a photo, sneaking into or onto anywhere, taking a photo without permission, speeding. There's a group of the posters here who just cant handle it, and have to say something. I'm pretty sure people have even said they would shoot you with a gun if they saw you shooting with a camera on their property.
I guess in this case honesty wouldn't serve your purpose very well, since you are advocating just do it and don't tell.

Honesty and following the rules is ALWAYS the best policy...not just when it suits you end goal, needs and wants.

I think it all boils down to the fact that there is little to no respect left in dealing with people in this world. And very little responsiblity.

I treat people like I expect to be treated. I don't tresspass to get a photo, I ask. I don't copy people's work or print their photos for clients. Cause yes, I will sue if you do that to me. And I do my best to abide by the rules and laws that govern our land...EVEN if I don't think they are quite fair or right.

In this case it was the responsible thing to check this matter out FIRST, not after the fact. If you aren't sure, even if you think it is ok, you have a responsiblity to check it out and be SURE you are in the clear.

Yea, I know, I just expect too much now-a-days. Respect, responsiblity, honesty...Not a happening thing any more. (Though there are people out there that understand this.)

At any rate, rant aside, sbp, the damage is already done. No matter if you take the album back and return the money, you have still violated the copyright. If the photographer wanted, he could still pursue the matter.

I really hope that you find that COMPLETE copyrights were given to the clients and your worry is unfounded. Then in the future, always contact the photograher (not the client) and make sure you have permission to manipulate and alter his work.

CJ
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12-07-2007, 03:47 PM


Quote:
Originally Posted by CobyPhoto
At any rate, rant aside, sbp, the damage is already done. No matter if you take the album back and return the money, you have still violated the copyright. If the photographer wanted, he could still pursue the matter.

I really hope that you find that COMPLETE copyrights were given to the clients and your worry is unfounded. Then in the future, always contact the photograher (not the client) and make sure you have permission to manipulate and alter his work.

CJ
Learn something. I will just call client in evening get something out.
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