Saturday, February 7, 2009

Re: [Photoshop-Haven] Re: Selling a JPEG? Would you do it? Resolution?

In a public place you can pretty much take photos of anything you want, including cats.

The real issues arise if you publish or sell or license the photos, especially for any kind of commercial use. And yes, for that kind of release you should have an "animal model release."

I recently visited a ranch and met among other horsies, the top stud stallion in the country. The foreman reminded me to please not publish or use the shots for commercial use, and of course I responded that I understood.

As far as the cat owner threatening a catfight with the photographer, my own reaction, assuming the venue did not forbid photography, would be to politely tell her that it's a public place and I'm allowed to take photos. Short of her attacking me or siccing her felines onto me, that's it.

In the goal of full disclosure I state for the record that I have a Burmese at home. Cat, not Python, that is. And two other cats have "adopted" my street level office.

J.


----- Original Message -----
From: Amy R. Bradley
To: Photoshop-Haven@yahoogroups.com
Sent: Friday, February 06, 2009 6:21 PM
Subject: [Photoshop-Haven] Re: Selling a JPEG? Would you do it? Resolution?


Oops! Now we are in a whole 'nother area. Although you don't need a model release per
se, you MAY need permission from the OWNER or BREEDER of the dog! Not very likely, but
it can happen. If the people who contacted you are the owners of the dog and really like
the photo you took and want to buy it to use on their website to promote their kennel,
that's one thing. But you actually can run into animal owners and especially breeders who
only want photos taken by pros, or at least only photos that might be used other than for
your personal use to be taken by pros (and they pay a lot of money to the photographers
to take "good" shots of their animals.)

As I said, it's really not terribly likely to be a problem, but do be aware that in a situation
with registered animals, it can be. My husband and I go to cat shows and generally will ask
for permission to take pictures of the cats. And in a few shows we've run into the problem
that there is a pro photographer there and we are asked not use our cameras (anything
beyond a point-and-shoot can be considered equipment for competing with the pro).
This only happened once or twice and it was in a case in which the show promoters/cat
fancy club had hired the pro to take all the show photos (this is rare, usually the pro pays
to have a booth where he offers pro photos, and there's one gentleman we've met at many
shows who is a delight-offered my husband lots of info and advice, talked about his
equipment and set up and so on). Generally now if we see there's a pro booth at the show,
we'll go over and talk to him first to let him know we are doing this for fun.

In another case, we went a cat show in Arizona (we were there for a convention, found out
there was cat show nearby and decided what the heck, why not go?) Most cat show people
are pretty accommodating, but we ran into one woman who threw a fit when she found
out we'd been shooting her cats. They were in their cages, she had walked away and left a
friend/assistant in charge, John took a few shots, then she came back-and shoved her
way past me (I was near the end of the aisle), nearly screaming bloody murder "NOBODY
PHOTOGRAPHS MY CATS!" Her friend had no idea-John apologized and moved on. And
that wasn't the end of it either. When we left, the friend/assistant came out and demanded
that he delete the pictures he took. So he had to stand there in the Arizona sun (this was
July!) and delete the images while she watched. Sheesh! Luckily that was the only time
we've had such a problem; most people are happy to let us shoot and will even take the
cats out of their cages for us. The only caution we may get is if the cats are nervous or
scared we get asked to not use flash.

So the point of this ramble is taking photos of animals CAN be something you have to get
permission/release/licensing for. I guess nothing is cut and dried!

Amy

--- In Photoshop-Haven@yahoogroups.com, "kennewt1112" <kennewt1112@...> wrote:
>
>
> Thankfully, the picture in question is not of a person! It is a picture
> of a dog at a public event. AKC agility competition. These events are
> photographed without the signing of releases, because people are not
> usually in the picture unless they have stuck a hand, foot or other
> anatomical part into the frame.
>
> Thank you for the insights on the differences between selling the rights
> and allowing the use of the images. That clarifies it for me. I want
> to sell them the right to use the image for their own personal use, but
> retain the right of copyright by virtue of my copyright which is
> embedded in the metadata of the digital image, and printed on the bottom
> of each photographic print.
>
> I will experiment with 72 dpi and see what that looks like. Someone on
> another forum suggested up to a 1760 by 2200 pixel Jpeg with 100ppi.
> That would seem to me to be sufficiently detailed for a large print?
> What would an 8 by 10 look like at that resolution if it were 1760 by
> 2200 pixels and 100ppi?
>
> Ken Kennedy
>
>
>
>
> --- In Photoshop-Haven@yahoogroups.com, "Gail Green"
> <creativeinkdesign@> wrote:
> >
> > I've being reading this thread and there seems to be some confusion
> about
> > some of the terms being used. If you SELL an image, you are selling
> the
> > copyright. If you want to retain the copyright and allow another party
> to
> > use the image for specific use, you want to LICENSE the image. If you
> SELL
> > a print of your image in a non-digital or reproducible form, you
> should
> > include a copyright notice on the print or margin or on something
> (like the
> > bill of sale) so that it is clear you are not giving that person carte
> > blanche to make copies and use it for commercial means.
> >
> >
> >
> > If the party that contacted you actually used the term "buy", that
> indicates
> > they want to OWN the image outright. Make sure you clarify if they
> want to
> > OWN the image (which means they want to purchase all rights, including
> your
> > transferring your copyright to them and giving them the right to use
> resell,
> > license or create derivatives of the image how and for whatever and to
> > whomever they please)...or if they merely wish to USE the image for a
> > specific purpose and for that purpose only (which would be licensing,
> which
> > is like "renting").
> >
> >
> >
> > Gail Green
> >
> > Gail Green Licensing & Design Ltd
> >
> > Illustration/Design/Writing
> >
> > www.sweetpetatoes.com
> >
> > www.gailgreen.net
> >
> > gail@
> >
> >
> >
> > Visit me on the blogosphere at www.gailgreen.blogspot.com
> >
> >
> >
> > Illustrator of the "Sweet PETatoes" brand
> > [Non-text portions of this message have been removed]
> >
>
>
>
>
> [Non-text portions of this message have been removed]
>


[Non-text portions of this message have been removed]

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