Comments for Gaelic Images - Free Photography Information Website

Comment on How can I unclog my print heads on an Epson printer? by New Print Head

New Print Head — Tue, 11 Oct 2011 08:57:09 +0000

I agree with your conclusions and looking forward to your coming updates. Thanks for sharing.

Comment on Should I use Model release forms? by Steve Reddin

Steve Reddin — Fri, 09 Apr 2010 02:05:02 +0000

This is one of my pet areas of discussion, because, from the research I have done a release form is not legally required by the photographer to use the images, particularly where the photographer has paid the model for the shoot. Section 114 of the Copyright and Related Acts 200 deals with the right to privacy in photographs and films and states:

(1) Subject to the exceptions specified in subsection (3), a person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have the work or copies of the work made available to the public.

(2) Subject to subsection (3), the act of making available to the public, or authorising the making available to the public, of a work or copies of a work referred to in subsection (1) without the authority of the person who commissions the work infringes the right conferred by subsection (1).

(3) The right conferred by subsection (1) shall not be infringed by an act which under section 52 , 71, 72, 76 or 88 would not infringe the copyright in the work.

Section 52 deals with using the images afterwards in an incidental manner, e.g. advertising the photographer’s own business, and sections 71, 72, 76 and 88 all deal with the potential to have to publish for legal purposes, e.g. court.

Given that models are not posing for private or domestic purposes, I cannot see how they would be protected under Section 114. Purely from a photographer’s point of view, it does make sense that, where the model is paid, the photographer can use the images afterwards, otherwise what is the model being paid for? In addition, unlike a private individual, a model, due to the nature of their work, should expect that their image be made public.

Unfortunately, I have noticed an increase in the number of models who want to be paid for a photo shoot and then want to have a say in how the photographs are used. This is trying to have your cake and eat it, if you want that control over the photographs you have to buy the rights to them, or commission the photographer for a specific purpose.

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Comment on Ireland Photography Rights by David

David — Sun, 15 Nov 2009 17:07:07 +0000

Hi,

Could you give citation of where these points stand in relation to the written law (acts, sections) etc. if possible? (It is well and good to say ‘I have to right to take photos of -’ , but to answer with ‘The X act, section y gives me this right’ is altogether more useful and give a lot more force to the argument of the photographer.

Also if you could expand this article is would be very beneficial, for example, are gardai performing their job in a ‘private’ state despite being on public property etc. (assuming the photographer is not obstructing the work of the garda). Is it necessary to get a model release in order to publish photos of people or is the fact that a photo was taken legally on public property, sufficient? Is the release extra or necessary?

Thanks

Comment on Ireland Photography Rights by martin

martin — Fri, 23 Oct 2009 14:56:03 +0000

Parents would need to exercise some common sense here. In this particular case no children were photographed.
The law states that anyone can take photographs of anyone or anything without their consent once the photos are taken in PUBIC. There is nothing ‘gray’ about that! Once you are in a public place like a street, a park or similar then you forfeit all rights to privacy as far as photography is concernded.If this wasn’t the case it would be impossible to photograph public events like football mathes, golf tournaments etc. If permission was necessary from everyone in such photographs then …
Furthermore, photographs of people to include children have been taken since the camera was invented. The current hysteria about child abuse is fair enough and parents have always had to be vigalent in looking after their children.But, there is such a thing as paranoia and this is a psychiatric condition where people suffer from delusions of one kind or another. The accidental inclusion of passers by in photogaphs some of whom happen to be children does not justify a parent calling the cops and making outrageous accusations based on their mental illness or something approaching such an illness.Ask yourself how could children be placed in danger by photography? We are not talking about child porn here but photos taken outdoors while kids are running about a park for God’s sake!!! Its total madness.

Comment on Ireland Photography Rights by admin

admin — Wed, 02 Sep 2009 16:12:47 +0000

As a parent my self I can understand why other parents would be worried. I would not like to see anyone taking pictures of my kids with out my permission. As a photographer standing behind a camra you know what type of picture you are taking, but the the parent they have no idea of what your intentions are ,any parent that cares about their children will take all measures to protect their children from any danger. When takine photo in a play area for young kids you are in a very gray area as far as the law is concerned and the parent have the wright to confirm if you are there for ligument reasons or not. No photographer wants to be mistaken as a peadohphile, and no parent wants a peadohphile near their kids.
My recomendation to help a photographer in this situation is to approach some of the parent let them know what you are doing and ask them if its ok to take a few photos.

Comment on Who owns the copyright on photographs? by Martin Mooney

Martin Mooney — Thu, 27 Aug 2009 19:08:34 +0000

I bought a few Broken Camera’s in a Box of Junk at an Auction from a Pawn Broker’ Shop back in 1986. There was a Roll of film stuck in one. I developed it and now i have been told i have no right to publish the pictures which are from 1959-1960 as the Copyright belongs to an unknown Photographer or their heirs who sold the Camera i bought. This is the reply i got from
The fact that no-one can now prove that they took the photos makes the rightsholder difficult to identify, but it does not change the fact that the copyright does not pass to the person who has the photographs/negatives in their possession. This makes the photographs you hold “orphan works”, that is works which are still (probably) in copyright and where the rightsholder cannot be identified. To exploit these works by publishing them, either in book format or on the internet, requires the permission of the rightsholder OR a due diligence search to show that the rightsholder is not identifiable.

Kind regards

Samantha Holman
Executive Director
Irish Copyright Licensing Agency
25 Denzille Lane
Dublin 2
Tel: +353 1 662 4211
Fax: +353 1 662 4213
http://www.icla.ie

Comment on Ireland Photography Rights by p martin

p martin — Fri, 07 Aug 2009 17:45:13 +0000

I took a few snaps in a public park recently to compare with pictures taken in my childhood in the same park. I took pictures of trees, pathways, a children’s play area was part of two of the seven pictures I took. I also took two of a public building just outside the park. I was stooped by police, my camera taken and closely examined in full view of a crowd of people and accused of ‘taking pictures of children’, the clear implication of this accusation was to label me a child abuser or a paedohphile. I was shocked, humiliated and very disturbed by this outrage, which has more to say about police stupidity and arrogance than the harmless and boring quality of the photographs which I took. I intend to sue those who made the bogus calls to the police and the police for defamation of my character. Has anyone else had a similar experience? If so maybe you could post it here. This madness has got to stop.

Comment on Portraiture tips from top photographer John Freeman by KonstantinMiller

KonstantinMiller — Mon, 06 Jul 2009 21:50:08 +0000

Hi. I like the way you write. Will you post some more articles?

Comment on Bird Photography 101 by Elcorin

Elcorin — Tue, 30 Jun 2009 09:17:11 +0000

Hi there,
Thank you! I would now go on this blog every day!
Have a nice day