copyright help (little urgent)

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suze23

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Name
suze
Edit My Images
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I have pics (which i have taken!) of a toddler/kids on my website....

i took them with full parental consent - however not asked their permission to put on my website....

LEGALLY am i allowed to use them?

they are on there now..... do i have to remove them?

thanks :)
 
they are your pictures... Do what you like wiht them..:)

however if asked by the parents most photographers would remove them IMHO
 
thanks :)

thought i was legally ok.... i will remove them if the parents object naturally :)

a friend threw my line of thought into omg mabey im not legally allowed :)

thanks :)
 
suze23 said:
a friend threw my line of thought into omg mabey im not legally allowed :)
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you even asked.. i have thousands of pics of kids playing sport.. all on my website. no forms signed or anything.. no problems :)
 
Errr not as simple as that - if they were comissioned privately you need the subjects permission. Look at section 85 of the copyright act for details. If they werent a commission you're fine
 
i was asked to do the pictures...

i didnt randomly take pictures of kids in the street??

that what you mean? :)
 
No - that section of the copyright act give some very limited privacy rights to some commissioned photographs. I struggle to see it meaning much more then wedding and portraits, so if they didn't pay you it'll be fine
 
boyfalldown said:
No - that section of the copyright act give some very limited privacy rights to some commissioned photographs. I struggle to see it meaning much more then wedding and portraits, so if they didn't pay you it'll be fine
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absoloutly no bearing on this... carry on suze :)
 
FWIW - I didnt recieve any payment for the photos i have used... i did take them as requested but no payment ever changed hands :)
 
boyfalldown said:
No - that section of the copyright act give some very limited privacy rights to some commissioned photographs. I struggle to see it meaning much more then wedding and portraits, so if they didn't pay you it'll be fine
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That's an interesting one Hugh. What is the legal definition of "commissioned"? Must it include money, or some kind of 'consideration'?

To the OP, the law is one thing, but I think it's morally questionable to put up pictures without permission of young children taken in private - or any private pictures of other people for that matter. And from a common sense point of view, in today's climate, it's asking for trouble. The letter of the law is often a risky guide in these things, and your moral compass often better.
 
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HoppyUK said:
That's an interesting one Hugh. What is the legal definition of "commissioned"? Must it include money, or some kind of 'consideration'?
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true - I just take the dictionary definition (I know it changes with dictionary) but I think when you commission art this is pretty good

In art, a commission is the hiring and payment for the creation of a piece, often on behalf of another
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so payment could be money or something else - but having said that I normally take the view point that most or all of my work will be commissioned and therefore to protect myself I'll ask and have the clients agreement in the contract. I know not everyone is comfortable with themselves being published online and I take the attitude that if someone says no then they are free to do so, and respecting that is worth far more to me then losing their business to someone who will respect it. I know not everyone agrees with that
 
boyfalldown said:
so payment could be money or something else - but having said that I normally take the view point that most or all of my work will be commissioned and therefore to protect myself I'll ask and have the clients agreement in the contract. I know not everyone is comfortable with themselves being published online and I take the attitude that if someone says no then they are free to do so, and respecting that is worth far more to me then losing their business to someone who will respect it. I know not everyone agrees with that
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100% agree.. I dont do a lot of contracts.. but always check the basics of what they would like or not like wiht the pictures.. I really dont take too much notice of the rules and regs and had never seen section 85 before... for me its between me and the customer... if they say dont put on a website then i dont.. not because of any rules..
 
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