An Attempt to Stop me Selling Photos

[William]

I'm not saying anything either Geoff, I was tempted to email or phone him to tell him what a person he is and to get a life I did'nt and wont , I dont trust the idiot

[Mark L]

Well, if Samba Blisstas ever come to Mudgee, I'll not be going to see them. And if there's any way I can think of to stop others, I'll try.
FWIW I'd not continue to make the photos a saleable item, though I would definitely continue to display them.
Good luck Odille.

[ricktas]

You could always turn them into grafitti art, and superimpose his emails with you over the top of the photos and leave them on display. Call them "Carnival of Drumming, the threatening voice"....

[fess67]

Well I have read this and I am pretty saddened by the whole thing. Not many people covering themselves in glory here.

Odille, have a look at your initial response to him. Do you really think that calling him a control freak was the most appropriate respond?

His response back was more intense than I would have expected but given your comment I can maybe see why he fired, especially given the grey area of copyright law.

There are a few on here that are promoting a more comtrolled appraoch, I agree with that approach, it is much better than slinging insults.

[MarkChap]

I actually have taken the one photo I had up on RB down and he has not even noticed, I decided that as I'd included their website on the actual photo in the frame, it was advertising them and I didn't want to to that.

......, they've been up there 2 years and no one's been interested enough to buy one, but I'm not telling him that!

Is all this really over just one photo ?? That you haven't sold a single copy of in the 2 years that is has been offered for sale ??

[kiwi]

Just for clarity, commercial gain is different than commercial use

You are quite entitled to sell your artwork without a model release

You can't sell 1000s as postcards or advertise your business using those images as that's commercial use

[Boo53]

You could always turn them into grafitti art, and superimpose his emails with you over the top of the photos and leave them on display. Call them "Carnival of Drumming, the threatening voice"....

Now that's a great idea Rick.

[Xebadir]

Fair point there Kiwi, this page is always worth a read for a quick run down on your rights (i've linked the commerical use section, but the whole thing is worthwhile):
http://4020.net/words/photorights.php#commuse

I think of particular reference here:

Some organisers try to restrict performance photography due to "copyright reasons". This is a misunderstanding of IP law, for you cannot infringe the copyright of a "dramatic work" by merely taking still photographs (see discussion below). You have to take extensive video footage of a substantial part of the performance for infringement to occur (see the "Choreography G072" information sheet on the ACC publications webpage.) This is incredibly unlikely if daddy only wants a couple of shots of Tiffany's solo!

[arthurking83]

So as far as I can read it, the laws haven't really changed all that much in the years since first reading this article.

Hence from what I understand of Odille's dilemma, she has every right to place here images for sale, requiring no model release, as there doesn't appear to be any commercial use of the images
(as explained so far by Odille).

This Paul Barett clown needs to be made aware of his ignorant claims, and done so in a rightful and positive manner.
If that requires a slightly more aggressive attitude to counter his very aggressive attitude, then so be it(and rightfully so).

As already said, I'd also involve the police into the matter, if only as a formal complaint for now, with his remark about seeing Odille on the street one day!!

[bricat]

At this stage it is not costing you anything so stand up for your rights. If on the other hand a court case comes about (highly unlikely bought about by a bullie) you can re-assess your commitment to the "fight". Reply to his email with some facts about copyright/infringement and photogtaphers rights keeping your comments to the point only. I should also point out that it appears he has attached himself to the "race" so as to gain some commercial advantage. Without doubt you can bit him with facts and being right. All the best cheers Brian

[Kym]

I'm by no means an expert, but I always thought that in a public place you're able to take the photos, but if you intend to sell them commercially you require a model release.

The key here is what commercial means in terms of the © act.
As I understand it, the meaning is using an image to promote a product or service, not to just sell images.
Eg. I take your photo and place your face in an advert promoting a product.

[SirLozalot]

I cannot comment on legal side as I am ignorant of fine print of copyright law but I can comment on personal side of dealing with people like him. Whilst I totally understand your desire to stand up to his bullying on principle, the fact is you are not making money on the photo and sounds like you are having a lot of angst. I have found that one of life lessons is to pick your fights. There is little reward for you in this fight. He sounds like a bas***d and not worth your time and effort. My suggestion is that you just let him go. Don't let him ruin your day.

[Lance B]

will see you on the streets one day !
.

Hmm, this could be construed as a threat. Maybe the police need to be advised.

[reaction]

This is horrible to read. I would not offer the pics for sale but would continue to display them. It is a good idea to inform the authorities, and I would continue to email him in a polite and civil way asking for him to back his claims. Nothing inflames a redneck more than someone not reacting to his barbs. At this stage there's no cost to you, it is entirely reasonable that you don't submit to a takedown without sufficient proof. If he employs a lawyer to provide said proof and the lawyer is able to do so, then fine.

If anything, hopefully this thread will appear in any searches of Samba Blisstas, and we can guess what will happen when the Samba Blisstas and The Carnaval Drumming Project try to contract a photographer at their next gig. They may find the prices and contracts not to their liking?

[Kym]

Thanks for the replies. It was Tweed Shire Council's public street carpark and there were no signs whatsoever. I think he is just using scare tactics that have worked before. the event was the kingscliff triathlon, I was an appointed photographer, and the organisers told me afterwards they had never heard of the Samba Blisstas and did not know they were going to come and perform.

Just picked up on this. As you were 'official' and they just rolled up - you win! Pretty simple I think.

[Analog6]

I never heard anything back from this yokel. Such a pity, on the day the mood was upbeat and happy, the performers, particularly the leader of the group, deliberately made eye contact with the camera, it was all so cheerful and everyone said how great they were.

I was so sorry when this control freak spoilt it all. I just removed all images, I don't want to give them any free publicity, and I sure didn't need the angst. I note they charge people large fees to learn drumming and be a participant, so I guess it's all just about money for this guy.

[DonUnder]

I always thought "commercial use" referred to using the image to in promotion of/association to a particular commercial entity (ie advertising a product) and not simply selling of images for personal gain.