I was just reading a lot of posts where people were very confused about
copyright. A lot of violations are posted on line, and it is surprising
the reasons people come up with for doing it.
1. The work doesn't have a copyright notice so I don't need permission.
False.
Since March 1, 1989 copyright notice has been optional. The
work is automatically copyrighted from the time it put in a fixed form.
2. If I give credit I don't need permission.
False.
You still need permission to use the material. This may clear you of plagiarism, but not copyright.
3. I'm only using a small portion of the original work, I don't need permission.
Maybe, maybe not.
There are some provisions for "Fair Use", this
would usually be in the context of a quote. It would likely not cover
photo manipulations. There is no percentage of change that makes it
okay.
4. I don't need permission because I'm going to modify the original work.
False.
Copyright law grants copyright owners the exclusive right to
control modifications of their works. You need permission to create
derivative works, including photo manipulations or fan fiction.
5. Everyone is doing the same thing, so I should be able to also.
False.
This is one of the strangest reasons I have seen. Other
people violating the copyright does not make it public domain and other
people breaking the law does not make something legal or right.
6.
The material I want to reproduce was posted to an online discussion or
news group. !!!That means the work is in the public domain.
False.
The owner may have posted it there for their own reasons,
but that does not grant permission to copy. It may also be that the
post was in itself a copyright violation that the owner is unaware of.
7. I purchased a copy so I have the right to post it.
False.
What you purchased was the copy you have, not the right to reproduce, modify or publish it.
8. I didn't see anything that said I couldn't use it, so I don't need permission.
False.
Copyright in the US is automatic when the work is created and
belongs to the creator unless there is a written agreement transferring
it to another person, or it was a work for hire done by and employee.
In the case of a photograph, the copyright belongs to the photographer.
9. I downloaded it from whateversite.com so I have permission to use it.
False.
To start with, do you know that site had permission? Were you
given a license granting permission? As an example, there are a lot of
online music sites which are selling MP3 files which they don't own or
have license to distribute.
10. I don't have the ability to produce it myself so I have to use other people's work.
False.
Yes, someone actually said this. There are many people that
dream of being an artist, singer or entertainer, but there are not
shortcuts. The people that created the material put a lot of effort in
to their work and the copyright law is designed to protect them, not to
allow those who have not put in the effort to participate for free.
Basic theme here, if you didn't create it, you need permission from the
person who did to use it.
Images Pro Photography / Articles
Why Nude?I read a recent article about pinups had some statement that bothered
me. It talked about pictures in the past objectifying women, and
presented the idea that it was changing now due to there being more
female photographers. I don't really think this is fair to either the
photographers, or the models, present or past. Granted there have been
those that sought to exploit women, but I am not convinced that they
were ever the majority. Throughout the history of photography, there
have been the artists, those who who were learning about the craft, and
the women who posed for them, because they wanted to. They sought to
express something, or to show beauty.
It is often asked why many photographers shoot
nudes. The conventional answer is that men like to look at nude women.
While that has an element of truth in it, it is far from the whole
story. There is the GWC (Guy With Camera) that uses his camera as a scam
to get women undressed. What about the real photographer/artist? The
person that puts years in to learning their skill, hours or days in to
planning and creating a single image. A nude image can be used to
express many ideas, depending on how it is presented. Sexuality is the
first thing that comes to mind, but it also can be used to present
vulnerability? Freedom? contrast? Rebellion? or simply explore the human
form?. To categorize an artist in with the GWC or pornographer is
really a slap in the face and very disrespectful of the time, planning
and care they put in to their creations. Despite the stereotype
typically attributed to men, I have seen several working on the set of a
nude shoot looking off another direction because they did not want to
offend the model by looking at her.
Then there is the partner of the photographer, the model. The images
could not be created without her. Why does a woman taker her clothes off
for the camera. Again, people conventionally say that she was doing it
for money, that the photographer was taking advantage of her, or conning
her in to doing the photos for his own motivations. Painting her as a
victim, or a foolish exploited girl. This is mostly an image painted by
people with no experience with real shoots. If the pinup models of the
past were objectified as the article suggested, then why would I have a
model? from the other end of the state contact me to do pinup photos of
her, not for money, or even at my request. I have also seen women who
were not models, just posing for some pretty pictures, get a gleam in
their eye, look around, and peel off their top. The real reason that
women pose nude? It is because they want to. It might be to feel pretty,
or sexy. Perhaps to go against a social convention that they don't
really believe in. To explore how they feel about their bodies, or just
to help create art and be a part of it. Again there is a stereotype that
women who pose nude, are dumb, gullible or easy. I have found this to
be far from the truth. They are intelligent, respectable people.
If an average woman is asked about posing nude, their reason for not
posing is usually not about what they think or believe. It is about what
someone else thinks, either that don't think they look good enough, or
are worried about what parents, boyfriend, friends, etc. will think.
Why create nude art? Because it pulls attention, from both men and
women. It touches emotions in the viewer. I like sunsets, and have shot
many of them, people looking at them usually say "nice". It is the
pictures that are much more human that get "Wow!"
It is unfortunate, but there are people in the world that should not be
trusted. Anywhere from a GWC (Guy With Camera) hoping to get a girl's
clothes off to true predators that could put a woman in real danger. For
that reason we strongly recommend that all models consider the
following safety tips and information:
The following are provided as general guidelines for protecting yourself
1. When attending a shoot, or meeting with someone
for the first time, always take a chaperon. This should be someone who
does not make you self conscious. Parents are a good idea if you are
under 18, but if you are over 18 it may not be a good idea depending on
the format of the shoot. A supportive boyfriend may work, a jealous
boyfriend would not.
2. Never put your full address or phone number on any post in a modeling forum or other public area.
3.
Be very careful regarding posts and e-mail from anyone with a generic
or free (hotmail, yahoo, etc.) e-mail address. Legitimate photographers
put a lot of money in to equipment, so while it is possible for a good
photographer to use a free email address, it is more likely that they
would have their own domain. A free email may be a sign of someone that
wishes to be anonymous.
4. Obtain as much information you can about those you are considering working with.
5.
Ask for references and examples of prior work. This will give you an
idea of the type of work they do, the quality, and help establish that
they are a real photographer.
6. Prior to arranging a shoot, discuss and clearly agree on the subject matter of the shoot.
7. Ensure that the terms of the shoot are established in advanced (TFP, pay rate, expenses, etc).
8.
Be certain to get a verifiable home and/or studio phone number, and
street address, for anyone you work with. Know who you are working with.
9. If it is necessary to go to a shoot alone. Call
someone to let them know where you are, who you are with (get ID #) and
when you are expected to return. If anything changes call to update the
information.
10. Decide what your limits are and
stick to them. Don't ever let someone talk you into posing in a manner
that you are not comfortable with. For some work you might be a bit
nervous and there may be times when you want to go a bit further than
originally planned, but still think about if you will be happy with the
work. Ask yourself if you are doing it because you are excited about
doing something new, or if you are feeling pressured by what someone
else expects. Don't be afraid to say no.