I want to make sure that I do everything to ensure that I approach this carefully and discretly :D
Thanks so much for any advice that is given!
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I want to make sure that I do everything to ensure that I approach this carefully and discretly :D
Thanks so much for any advice that is given!
I mean, what are the odds that these women are going to come across your escort website or ads?
If you are concerned you need to show the agreement to a lawyer who is familiar with copyright law. I tend to agree with shanna. While what you are talking about doing may or may not violate the law but the chances are very slim that these ladies are ever going to see your escorting website. Are the photos watermarked?
More likely than you'd guess?
That is not a good way to look at working in the adult industry in any capacity. Better to say, 'just in case,' or 'when it does happen...,' because it can, and it will.
I would be straight about it with a photographer you trust, because yes, they can sue for editing, and blurring is editing. They can also sue for you using the photos for business related activities and more so for adult industry related activities. Copyright laws err on the side of the photographer, not the client or model, and certainly not when you're being dishonest about the usage. It is much less headache and much more mind-easing to just find a photographer you can trust, will not reuse the photos at all and let you use them for your private reasons. They're out there.
And also, you're kind of being deceitful with the photographers as to your intentions for those photos... Imagine how you'd feel if they did that to you and used your photos in lingerie for some soft-core porno site? They worry about their work and reputation as much as you do, don't be dishonest and violate that.
the girl I use does not want her name/work associated with adult - she used to be a domme and is trying to disconnect herself from that due to a custody situation - she doesnt care personally but someone actually went online and outted her saying things like - is this who you want photographing your children / - pretty ugly mess - so you never know what a persons personal situation might be so being up front and finding a person who you can mutually have an agreement with is best in the long run
edited to clarify - she doesn't put her watermark or use them in her portfolio if she knows they are being used for adult purposes
If you change a photo over 70% its legal for you to use it with or without copywriter info unless a housewife can tell its original source.
As for blurring your face, it shouldn't be against the terms of use unless it says that in the paperwork you signed. If you paid for photo rights, the photos are yours.
It sounds like you wasted your money. You are really going to pay someone AGAIN to do more editing? Keep the pictures for your boyfriend and find an escort photographer.
There is absolutely NOTHING in the copyright law concerning a certain % that needs to be changed in order to not violate copyright law.
See: http://www.copyright.gov/circs/circ14.pdf
And www.copyright.gov FAQ
http://www.copyright.gov/help/faq/fa...e.html#howmuch
Read your contract. The contract you signed is legally binding in this situation - not the opinions of people on the internet.
It will spell out both the photographer's and your rights, including who owns the copyright (usually the photographer, unless stated otherwise) AND whether the photographer has the right to display images in which you are the subject for self-promotion (on the photographer's website - unblurred! for example).
If you don't have a contract, the photographer owns the photos and CAN prevent you from using them on your website, or altering them in any way. He/she can also display them on his own website, in their studio, etc.
You are much better off getting new photos done using a reputable, trusted escort photographer. Editing & blurring is usually included in the price.
If your (OP) contract specifically names you as the sole owner of all rights, and the photographer relinquishes ALL rights (including the ability to use them for self-promotion) Then you may do whatever you like with the photos, including cropping, blurring, changing colors, paint your skin blue - ANYTHING. They belong to you.
I worked around the copyright issue by outright asking the photographer how they handle photo rights and choose to work with photogs who are more open-minded about the escort biz and release their claims on the images. They'll be willing to sign a release/non-disclosure agreement. Usually these photogs will ask to use a couple of your images for their portfolio which I think is fair. If you advertise on Eros quite a few will contact you. I've contacted photogs who do non-escort boudoir and they don't appreciate being associated with our industry. I wouldn't do anything with the images without some kind of agreement --- you don't want a lawsuit and it's way too easy to find online images with tineye and google image search.
This post is right on time. I recently contacted a photographer that does boudoir and wedding photos. She has not worked with anyone in this industry. I was straight forward and very honest with her, and I told her how discreet I could be. After a few hours, this photographer e-mailed me back and said that she would be happy to work with me. She also stated that she would sign over the rights of the photos to me. The price of the photos includes an all day shoot, rights to the photos,in studio and on location shots. Guys, this photographer's work is very nice!
As a photographer, I agree you should use someone that is familiar with your industry. Most photographers that deal with anyone in the entertainment industry expect the images to be used and reproduced by the customer, and are not for any other purpose.
Copyright simply indicates ownership of the images as far as the courts are concerned. The tool to transfer some of the rights to the customer is a license or relase to use the images. My typical release for the entertainment industry (actors, musicians, models, dancers. etc) gives unlimited reproduction rights for personal and promotional uses. Blurring would never be a problem.
Make sure you get a release.
BTW, unless you give the photographer a model release, they cannot use the images.