Equine Photo Ethics

[IPEsq]

Most commission contracts do not = work for hire. This is a specific legal doctrine. The written agreement would include assignment language.

Model releases are part of the right of publicity piece. This is not a part of copyright law and can vary greatly from state to state. And it applies to people, not animals.

Fair use doesn’t apply to the person that owns the copyright. There’s basically no commercial use that qualifies as fair use. The copyright owner (photographer) can make whatever use they want so long as not otherwise illegal (like child porn or something).

I do this for a living and have a specialized advanced degree in this area of the law.

[Bluey]

So, I have this problem, that I just solved by taking my avatar picture down.

It was the picture of a blue bird that someone took decades ago.
It became famous and the fellow eventually sold it in cards and mugs and flags, etc.
He had a web site for long selling those items.

When I signed on COTH long ago, the signing program would not accept several names, some blue birds just flew around in front of my window, thus the Bluey name.

When we had the option of adding avatars, I found that neat picture, found the fellow that took it and his web site and emailed him.
No response, I tried calling but also no response, tried to order a picture to see if I could contact them, a month later emailed again, no luck.

That picture was all over the internet, used by many other people, seem to be used by anyone.
Since I was not going to use it commercially, I was ok being one more user, as my avatar.

After reading this thread, maybe I should not make free use of it, without specific permission from the photographer?
I deleted it, on the premise that, “if in doubt, don’t”, since now I doubt it was truly free for anyone, anyplace to use.

[jvanrens]

@Bluey

So, I have this problem, that I just solved by taking my avatar picture down.

It was the picture of a blue bird that someone took decades ago.
It became famous and the fellow eventually sold it in cards and mugs and flags, etc.
He had a web site for long selling those items.

When I signed on COTH long ago, the signing program would not accept several names, some blue birds just flew around in front of my window, thus the Bluey name.

When we had the option of adding avatars, I found that neat picture, found the fellow that took it and his web site and emailed him.
No response, I tried calling but also no response, tried to order a picture to see if I could contact them, a month later emailed again, no luck.

That picture was all over the internet, used by many other people, seem to be used by anyone.
Since I was not going to use it commercially, I was ok being one more user, as my avatar.

After reading this thread, maybe I should not make free use of it, without specific permission from the photographer?
I deleted it, on the premise that, “if in doubt, don’t”, since now I doubt it was truly free for anyone, anyplace to use.

I’m going to miss that blue bird! Bluey if I ever manage to get a decent picture of one of the local blue jays you’ll be welcome to it! :yes:

[Bluey]

@jvanrens

I’m going to miss that blue bird! Bluey if I ever manage to get a decent picture of one of the local blue jays you’ll be welcome to it! :yes:

Me too, little fat grump is cute.
I have tried to take pictures of our blue birds, but they came out as grey blurs.
Thank you for the kind offer, let me know if you can catch one of them still long enough for a picture.
It would be nice if I could get permission to use it, may try again.

[Bluey]

Seems that the photographer of the original great picture is deceased, probably why I could not get him.

I found this other picture, not as good, but is supposed to be free for anyone to use, even for commercial use, so surely ok for an avatar, until a better one is found.

The bird’s colors are really neat in that one and looks to be kind to the other, not as fat, but a hint of an attitude, maybe?

[Bluey]

I kind of miss the cute old fat bluebird.
Since the photographer died, is the picture still under copyrights?
Do the heirs own the rights now, or would it be free to be used?

[Janet]

Yes the copyright continues(owned by the heirs)for a certain number of years after the creator’s death. If I have to guess I would say 70 years, but that is just off the top of my head.

Wikipedia is adamant about not using any image that are subject to copyright. So the section that allows you to add images has a detailed description of how long copyright continues for each situation.

[Bluey]

@Janet

Yes the copyright continues(owned by the heirs)for a certain number of years after the creator’s death. If I have to guess I would say 70 years, but that is just off the top of my head.

Wikipedia is adamant about not using any image that are subject to copyright. So the section that allows you to add images has a detailed description of how long copyright continues for each situation.

Thank you, guess I will stick with this free one then, is fine anyway.

[LexInVA]

Chances are, the photographer simply pooted the image - along with many others they took over the years - to a stock photo reseller and someone paid to license it from them to use for whatever or it was freely licensed, depending on the service used. That’s just the norm for the photography industry these days and how they make extra $$$ and promote themselves.

[IPEsq]

Yes, copyright lasts after the author’s death. It can either be transferred through the estate (or intestate succession), or it’s possible rights were transferred while he was alive. Janet is right that if the author is an individual (versus an entity under work for hire) the term is life of the author + 70 years.

[jvanrens]

@Bluey

Me too, little fat grump is cute.
I have tried to take pictures of our blue birds, but they came out as grey blurs.
Thank you for the kind offer, let me know if you can catch one of them still long enough for a picture.
It would be nice if I could get permission to use it, may try again.

I’ll do that! Of course I haven’t seen one in a few days now, but the weather wasn’t great here so I haven’t been able to spend much time in the backyard where they tend to be courtesy of the neighbors multiple birdfeeders. Fingers crossed we get a stretch of decent weather this weekend and they show up close enough.

[eightpondfarm]

Knowing for a fact that the moment a photo is taken, the image can go anywhere, popUp anytime…i usually restrict guests. Recently i hosted a small clinic and part of the instructions were no photos unless express permission given for that particular shot. I actually stopped having parties as pics of the interior of our house appeared in an online publication. OH…here’s a good one, my own cousin …who i allowed to take shots, turned a photo she took into fabric that she sold on etsy. I don’t begrudge her the income, but i kinda am squeed-out about not being asked. I hired a photographer for one of my morgan mares years back and that mare/that photo was in an ad in a printed publication. You can’t stop them from going wide unless you prevent them from being shot in the first place.

[Bluey]

@jvanrens

I’ll do that! Of course I haven’t seen one in a few days now, but the weather wasn’t great here so I haven’t been able to spend much time in the backyard where they tend to be courtesy of the neighbors multiple birdfeeders. Fingers crossed we get a stretch of decent weather this weekend and they show up close enough.

Neat.

I found many under free to download clipart, some pictures, some drawings, so many it was hard to pick one, nice that.

Should have attended to that change sooner, now is done.
Don’t want to wait 66 years for the copyright on my favorite bluebird picture to clear for free avatar use.