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Advice needed

If I were to be approached by the likes of an arts magazine wishing to feature my work how does that apply to photos of costumes I have created for customers? Do I have to seek permission from my customer to have a photo I took of the costume I created featured in the article? Or do I hold the right to feature photos I have taken of their costume?

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Comments

petercat
Sep. 30th, 2014 12:05 am (UTC)
This is a very grey area. The best way to avoid a dramastorm is to get permission from each person who commissioned the costumes involved, even if you may not be legally obligated to do so. You created the costume and the photograph, but who has the right to say what can be done with the character's likeness? Pro photographers have to get signed releases from everyone who appears in a photo intended for commercial use. Different rules apply for journalism, but this type of magazine may not fall into that category.

Just ask. I think most people would be flattered and thrilled. Anyone who's not, just say thanks and move on to ask someone else.
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greenreaper
Sep. 30th, 2014 12:07 pm (UTC)
That may be true copyright-wise, but there are tort laws to consider. There's a reason photographers give those model releases out.

For some laws, it might depend on who was in the costume at the time. Many jurisdictions have laws regarding the commercial use of likenesses, and just because you're (mostly) covered by a costume, it's still you.

Conversely, they might argue that because it was recognizable as that person's character, their reputation was impugned, even though they weren't in it at the time. Imagine if that magazine put a large photo of your fursuit next to a description of fursuit sex practices. It would certainly decrease the resale value of the suit. That's a tort right there.

I don't think it's a big risk, and in this particular case it seems unlikely that a commissioner would be upset, unless it spoilt a surprise for someone. (Presumably they'd have it by publication.) But it's dangerous to say that just because you have photos, you can do anything with them - or let others do so.

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