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Posting photos to Facebook - Model Release?

Discussion in 'Photography & Video' started by birdie, Jun 19, 2011.

  1. birdie

    birdie Member

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    I'm considering starting a fan page on facebook to get my photos and name out... I've done a couple of shoots for work mates of my wife (a baby shower party a couple of months ago, and now a 1st birthday party yesterday).

    Now I'm wondering what I need to do to cover myself? Can I just get permission from the host of the party and then post the photos to facebook and let everyone tag themselves in the photos (then going viral amongst their friends) or do i need to get permission from each individual?

    I know Jasmine Star mentioned that she posts photos from the weddings she shoots on Facebook and then the guests tag themselves and this allows the photos to go viral amongst their circles of friends, but she is in America... so I don't know how it applies to Australia?

    Anyone know how to go about this? Do I need to get a model release from each individual in the photos like you would for a website or is it different for facebook?
     
  2. Dropbear

    Dropbear Member

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    If you are comissioned (paid) to take the photos then unless you have contracted otherwise, the client owns the copyright on the shots and you'll need permission to post them.

    If it wasn't a commission then you own the copyright and can post them.

    Of course it doesn't hurt to get permission from her anyway, just to be friendly.
     
  3. Onyx

    Onyx Member

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    Also keep in mind that anything you post on facebook becomes the property of facebook. The images are no longer yours, or the model's, facebook now owns the copyright. Forever. Including if you disable your account, they still own those images and can sell them to an ad agency to attach to an ad for breast enhancement pills or whatever and you will have no say.
     
  4. PrawnStar

    PrawnStar Member

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    While this is true, it's not the whole truth. The client who has commissioned you to take the photograph is only able to use the photograph for the purpose for which it was commissioned ie. if you are taking private family portraits for people, unless it is otherwise specified, then they are only allowed to use it as a private family portrait and you have the rights to stop them using it in any other way.

    But as Dropbear said, assuming you were commissioned (paid) to take the photographs, then unless you got the client to sign an agreement specifically stating the terms of copyright, then you have forfeited your rights.

    If you were not paid to take the photos then you own full copyright.

    Have a read of this site. There is a lot of good info on there.


    I'm not sure this is correct. I couldn't find anywhere on their site saying that they become the copyright holders of your work if you publish it on their site. I did find this statement under the 'Principles' section of their site though.

    Ownership and Control of Information
    People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Facebook Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the Facebook Service.

    I'm happy to be proved wrong though.

    P
     
  5. AwesumaPowa

    AwesumaPowa Member

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    2. Sharing Your Content and Information
    1. You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings.
    In addition: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings:
    you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License")

    Enjoy :leet:

    Ok so they don't actually own the copyright but you grant them the right to use it for whatever the f*ck they want without having to pay you a cent.
     
  6. PrawnStar

    PrawnStar Member

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    As I said I'm happy to be proved wrong. Though as you said, there is no transfer of copyright, you are just sub-licensing.

    Long and the short of it is that if you don't want people to use your images without your permission, then don't post them on the internet full stop, let alone Facebook.

    P
     
  7. AwesumaPowa

    AwesumaPowa Member

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    Also keep in mind that facebooks compression makes EVERYTHING look shithouse.

    Colours get washed out. Artifacts everywhere. I make a point of not posting stuff up just because of the compression.

    Also, I only just read your Sig. Awesome. :D
     
  8. PrawnStar

    PrawnStar Member

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    Yeah I posted some black and white photos up on Facebook a while ago and it screwed them good and proper. I took them off pretty quickly.

    Thanks :thumbup:

    P
     
  9. Dark Orange

    Dark Orange Member

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    I treat Facebook as part of my portfolio, and have no hesitation in posting there.

    As for who owns the copyright, I read a clarification by Facebook stating that they just used that all-encompassing legalese to allow them to store/cache your images. They stated there was no option to allow them to transfer ownership, but we can only go by their goodwill on that. ;) Anyway, they are crappy 720 pixel max images, what are they going to do with them? use them for dating site banner adverts?

    As for image quality, I read a tip claiming that if you upload the image at 720 pixels on the longest side or smaller, Facebook does not compress/mangle the image. It seems to work, I have had no problems with the images I have uploaded.
     
  10. smorter

    smorter Member

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    Downsizing to 720 helps, but isn't a panacea

    There are a few things to do to increase quality
    - Upload in high res or use the simple uploader (these both upload in full res rather than the local computer compress/turbo upload that the fast uploading system does)
    - don't oversharpen because facebook tries to sharpen images to varying extents
    - downsize can be good or bad, depending on the size
     
  11. Pinkeh

    Pinkeh Member

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    I upload to facebook at 720p on the long edge.

    use the high res setting with their batch upload.

    Facebook also strips out all your metadata >_>

    The stuff i post on the web (Flickr, Deviant Art) are 1920 on the long edge :/ Tiny little identifier on the bottom corner which i see very often people just crop out.

    Guess i'm not fussed since i'm not selling photos :p

    I reckon i would be uploading smaller images if i was going to aim at making a profit.

    Arent model releases required if you are going to commercially use a photo of anyone?
    http://www.overclockers.com.au/wiki/Do_I_need_permission_from_people_I_photograph?
     
    Last edited: Jun 24, 2011
  12. AwesumaPowa

    AwesumaPowa Member

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    Only if you're using there image/likeness to endorse a product.

    You could take a photo of someone, get a photobook published with them in it and you'd be fine. (Provided the photo wasn't indecent or could be considered defamation)

    But if you took a photo of someone with the intent of using their image to endorse something like coca cola, you would need their consent.
     
  13. Archades

    Archades Member

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    I believe if facebook used an image of someone without a model release to promote products with their ads, it'd be illegal? So if someone were to see their picture used they'd have the right to sue facebook and the uploader if there is no model release?
     
  14. terrastrife

    terrastrife Member

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    wide edge 720px, PNG format, cant tell the difference from the original.
     

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