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Copyright specifics
Old 02-21-2006, 10:41 PM   #1 (permalink)
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I recently had a test/tfp with a model and makeup artist. The makeup artist is wanting a CD of all the images to edit the way she wants, . I am in the process of writing her back politely, with the offer to work with her in regards to this matter. I also intend to provide a few links about © laws. In a link I have found, here talks about joint copyright work. I feel if I provide this imformation, the makeup artist will start to claim joint copyright. Can she? Can anyone provide a link to clarify this for me, before I provide info that is likely to be misleading. I am all for avoinding an argumentative situation?
Thanks,
Ed
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Re: Copyright specifics
Old 02-22-2006, 12:12 AM   #2 (permalink)
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I don't have the links handy, but if you do a search, you'll find all kinds of info.

Dan
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Re: Copyright specifics
Old 02-22-2006, 12:16 AM   #3 (permalink)
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For clarification of my original post, I am hesitant about letting someone else edit my images, and I feel we both could use further education regarding copyright laws.
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Re: Copyright specifics
Old 02-22-2006, 12:25 AM   #4 (permalink)
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Thanks Dan,
There is almost too much to go through to get the point I am attempting to make regarding the photographer owning the copyright, and my desire not to have anyone edit my images but me. Also, the question of, is there joint copyright with a makeup artist in a collaboration such as a photoshoot?
Ed
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don\'t do it
Old 02-22-2006, 03:29 AM   #5 (permalink)
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You own the copyright solely and completely to the images. You should register them immediately in order to help protect your copyright, but you owned them as soon as you took the photos. You can read ALL about it at http://www.editorialphoto.com/copyright/ which has more info than you could read in a lifetime, but take my word for it, the MUA has no case. In almost 30 years of photography, I've never heard of a MUA making a claim for copyright on the makeup, much less the image. It just wouldn't wash. For that matter, neither the model or anyone else has a claim to the image. Now, if the MUA did something in the nature of artwork that could stand alone (like airbrushing an illustration, or painting the face) I could see a case for their owning that aspect of the work, but that is an unusual idea. (I will ask a legel expert and get back to you), but if we're talking normal photo makeup, no way.

Furthermore, you as the photographer are under no obligation (unless you have a prior agreement with someone, maybe the MUA, but more likely a client) to show them everything I never show clients "everything", no photographer does that. Negs and RAW or unedited files are considered "work product" and you don't have to show them. Besides, as an artist and photographer, you get to set your own rules and policies about what you will and won't show, or do, with your images.

If the MUA or model wants to see them, let her come over, or make a CD or web gallery of low-res JPGs, perhaps with a faint watermark across them (I do this all the time.) Only show her (or anyone else) the ones you like well enough to be willing to put your name on (unless you are using some bad examples for everyone to learn from - something I also do) and deliver a copy to her in some fashion. In a testing situation, you only have a moral obligation to deliver images to those you test with, and in many cases, I know photographers who give the MUA and model an image they like without giving the others a choice. The fact that this was a test/TFP/TFCD does not alter the copyright aspect of this in anyway, what you are doing is "licensing" the right to display the image to the MUA (and for that matter, the model too). "Testing" or "TFCD", as far as I know, are industry terms, not legally recognized definitions.

You have the right to have your work displayed and portrayed when and how YOU want. You can also sit down with the MUA and collaborate on artistic interpretations of that work to create new works, which could be registered as joint copyrights.

Regards,
Andy Pearlman
Andy Pearlman Studio
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Re: don\'t do it
Old 02-22-2006, 03:38 AM   #6 (permalink)
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Andy,
Thank you very much!
The experience/knowledge shared here is wonderful!
Ed
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