Forum: Photography


Subject: The constraints of art

JordyArt opened this issue on Feb 24, 2003 ยท 6 posts


Misha883 posted Mon, 24 February 2003 at 8:41 PM

First off, it is beautiful work, Jordy. You bring up several serious issues. I hesitate to jump in here, as I also fear this thread could turn into some righteous flaming, and that would be unfortunate as the issues would be lost. You seem most concerned about the age of the model, and not wanting this to be missinterpreted as child pornography. The laws here in the States are very conservative in this matter. It is best for the photographer to be very conservative also; asking for proof of age from their models, photographing their driver's license, etc. The Federal Supreme Court has also ruled that using adult models portrayed as children is also illegal. Having proof of the model's age leads us directly into another serious issue. How could you prove the model's age having "borrowed" the image from an Internet site? This work includes a recognizable person, who may make a legitimate argument that you have somehow violated her privacy or in some way lessened her rightful income. It would be difficult for you to argue that you took this photo as a "candid" in a public place, even if that would be a legitimate defense in using a person's picture without permission. Since yours is a derived work of a recognizable image, the photographer of the original image would also seem to have a claim of copyright infringement. These are tough issues. Enough to scare many away from street photography (though I think Don is safe; public event, newsworthy...) When you get into something that even sniffs of pornography you get on a very slippery slope. Photographers, and artists of all types, have used images of people, people's houses, people's garbage, or whatever for practically forever. Usually without model releases or permission. But be aware that you can get into trouble. Maybe serious trouble. [Alpha at one time here posted a model release template for all to use.] As for derived works and copyright; all I can say is the field is mucky. Maybe try the Copyright Forum. The third issue is just to remind folks that some Corporations take a VERY dim view of anything REMOTELY resembling pornography. If I had opened the link to your beautiful work from my office, I would very likely be fired tomorrow. I am very careful never to visit Renderosity while at work, or absolutely never post anything to 'rendo from my office, or store any images on company owned computing equipment. My Fortune 200 employer has a "zero tolerance" policy in this, as many others do also. They have "snoops" monitoring all Internet access, and e-mail. I only bring this last issue up, as this zero tolerance policy came as a great surprise to a close friend of mine, who, after 25 years of loyal service was marched to the door without even a chance to clean out his desk. Zero tolerance, (and I think this is sad), is actually that, ZERO.