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A question about portfolio building
Old 01-11-2007, 12:28 AM   #1 (permalink)
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I'm wondering about the legal issues involved regarding a portfolio. Say I take a few photos of a person who has paid me to do so. Say I take 10 photos. My customer has picked out three for prints, not that it makes any difference. Of the pictures that I took of this person, one or two I find I would like to use in my portfolio of work to show other potential customers what I have done and can do. Now, do I have to have any document from the person I took the picture of to show it in my portfolio? I would understand that I couldn't sell this person's pictures to a third party without some kind of release. But, just to show it as a sample of my work, I don't need anything, do I?

Also, what is a tear sheet?
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Re: A question about portfolio building
Old 01-11-2007, 12:39 AM   #2 (permalink)
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I consider a tear sheet, a sheet that has been torn from a publication. Could be a picture from your local paper, magazine, book. A sample of your work which has been published.
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Re: A question about portfolio building
Old 01-11-2007, 01:15 AM   #3 (permalink)
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I make it a practice not to use photos in my portfolio unless I have a release. I feel safer that way. Now if the picture gets published in a magazine or newspaper then there is nothing wrong with tearing out the article or ad, or whatever and keeping that in your book.
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Re: A question about portfolio building
Old 01-11-2007, 09:00 AM   #4 (permalink)
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If you took the picture there is no reason why you couldn't use it in your portfolio unless there is a signed (or at least understood) agreement that you wouldn't. Unless this is a "work for hire" deal the pictures are yours. Under work for hire all pictures you took while hired are the property of the person / company that employeed you, I doubt this was the case here.
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Re: A question about portfolio building WARNING!!!
Old 01-11-2007, 02:16 PM   #5 (permalink)
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Quote:
Originally Posted by SteveB View Post
If you took the picture there is no reason why you couldn't use it in your portfolio unless there is a signed (or at least understood) agreement that you wouldn't. Unless this is a "work for hire" deal the pictures are yours. Under work for hire all pictures you took while hired are the property of the person / company that employeed you, I doubt this was the case here.
I post because the above advice is DANGEROUSLY IN ERROR. You are skating on very thin ice if you use photos in your portfolio sans a release. Because your use is "for purposes of advertising or trade." EXACTLY the sort of thing for which a release IS required. Laws vary from state to state, but here in California, I, and my lawyer friends, consider it very dangerous to use the photo in the above-ref'd way, w/o a release. Especially if it is in any way sexy or revealing. All of my comments apply more strongly if the portfolio is being sent around, samples xeroxed for art directors' use, etc. I do not know the law citations in other states, in California see CA CIVIL CODE SECT 3344.
 
 
Re: A question about portfolio building
Old 01-11-2007, 06:50 PM   #6 (permalink)
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I've been in business here in Kali for over 30 years, I always use pictures I take in my portfolio. Portfolios are considered for promotional purposes, not advertising.

R
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Re: A question about portfolio building
Old 01-11-2007, 07:33 PM   #7 (permalink)
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I've been in business here in Kali for over 30 years, I always use pictures I take in my portfolio. Portfolios are considered for promotional purposes, not advertising.

R
The day might come when some model changes her mind, doesn't like you, gives up modeling, has a jealous husband, or gets together with an unethical lawyer. (Yes, they do exist.) And a short time after that, you will be known as "The Defendant."

I suggest any reader interested in the topic actually look at the law. The main issue is "Right of Publicity." CA CIVIL CODE SECTION 3344. Right of Privacy might also be an issue, depending on the setting and type of shots.

My learned colleague in "Kali" (sic) has exposed himself for 3 decades. Other readers should not follow his example.
 
 
Re: A question about portfolio building
Old 01-11-2007, 10:16 PM   #8 (permalink)
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as it was explained to me by Mr. Gomez himself, if you take pictures of a model you are allowed to use them in your portfolio in printed form regardless of if you have a release.
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