View Full Version : Need help with image use. Fair Use law here in the Philippines?


Mikey Yan
12-05-2008, 12:44 PM
I'm not sure if this is the right forum to post this. Since it said "The business of photography", I'm assuming discussion of laws aren't far behind. :)

Anyway, I'm not sure if my particular scenario is under the "Fair Use" rule. But I seem to be having a problem with a particular image that I shot at the recent Manila Auto Salon @ SMX. I took this image of one of the models and put it up on our site. I was registered as media, and the image was used as an informational post/photojournalism/news article whatever. I texted the model that her picture was on our site and we wanted to use her as a feature model. She then texted me that she wanted her image taken down. Does she have the right to do this? I didn't ask for a model release, but she was in a "public" setting, and her purpose there was to be visible, and not just a showgoer.

And input would be appreciated. Thanks. http://www.philmug.ph/forum/images/as2/smilies/biggrin.gif

Mikey Yan
12-08-2008, 06:54 PM
Nevermind, it was all just a misunderstanding. This issue has been resolved. :)

Just wanted to correcty my mistake, I meant copyright law, not Fair Use. :)

nino_carandang
12-08-2008, 06:58 PM
Nevermind, it was all just a misunderstanding. This issue has been resolved. :)

Just wanted to correcty my mistake, I meant copyright law, not Fair Use. :)

Hi Mikey,

Normally, without a model release, you can't use it for commercial purposes (including promoting yourself). I normally shoot with a model release ready, outlining the terms of usage of the photos.

Nin

JasonTan
01-10-2009, 01:08 PM
May I direct a somewhat related question to the pros?

Aside from a model release form, do you guys need to submit your images to a copyright office for protection? What is the legal remedy if one of your images is used without your permission? Has anyone experienced this?

bingpena
01-10-2009, 01:32 PM
May I direct a somewhat related question to the pros?

Aside from a model release form, do you guys need to submit your images to a copyright office for protection? What is the legal remedy if one of your images is used without your permission? Has anyone experienced this?


…hmmm interesting thread :) i've read somewhere that copyright starts from the moment of creation and images need not be "submitted" to any certifying office or agency… as far as fair use is concerned, afaik anything "news worthy" can be used without explicit permission from the owner, as long as tis only used for "news" reporting purposes… also allowed are private exibitions (whatever that means) and when used as an educational resource

Richard Lazaro
01-10-2009, 05:55 PM
…hmmm interesting thread :) i've read somewhere that copyright starts from the moment of creation and images need not be "submitted" to any certifying office or agency…


True, but it is infinitely easier to prove to a court of law that it's yours if you did.

Richard Lazaro
01-10-2009, 05:57 PM
…hmmm interesting thread :) i've read somewhere that copyright starts from the moment of creation and images need not be "submitted" to any certifying office or agency…


True, but it is infinitely easier to prove in a court of law that it's yours if you did.