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02-25-2006, 11:39 AM
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#1
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CAFE & BUSINESS MODERATOR
SOG Member
FT Professional
Joined: Jul 2001
Location: Seattle, WA
Posts: 3,460
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Quote:
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Or, does a person have an inherent right to privacy, and furthermore, do you, as an individual, own the copyright to your own image/likeness?
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Yup.
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I know someone who takes photos of people in the subway, and then paints them, and puts the paintings up for sale. I thought she could be risking a lawsuit, if someone walks into a gallery and sees their face on one of her paintings!
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...and Yup again!
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02-25-2006, 11:45 AM
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#2
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Juried Member
Joined: Nov 2003
Location: Signal Mountain, TN
Posts: 352
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You say yes, but, do you have this on authority from a lawyer? You're supporting my argument, here - I need proof to one-up my husband! LOL
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02-25-2006, 11:51 AM
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#3
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Juried Member
Joined: Jul 2001
Location: Phoenix, AZ
Posts: 1,734
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Cindy, two rights generally found to be under state law include the right to privacy (a tort concept, and not always a state law concept) and the right to publicity. Only about half of the states address the right to publicity; sometimes states address this issue under the law of unfair competition (I think). I don't think these rights fall under federal copyright law, but I have never actually looked this up myself. There are a few books you can Google that address this and if you are so prepared you can crow triumphantly to your husband that you know the law and he doesn't, which will really annoy him. 
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02-25-2006, 11:59 AM
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#4
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Juried Member
Joined: Nov 2003
Location: Signal Mountain, TN
Posts: 352
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Thanks, Linda. I love crowing triumphantly!
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02-25-2006, 12:01 PM
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#5
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Juried Member
Joined: Nov 2003
Location: Signal Mountain, TN
Posts: 352
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THIS was easy to find, once I knew what search terms to employ.
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02-25-2006, 12:21 PM
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#6
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Juried Member
Joined: Nov 2003
Location: Signal Mountain, TN
Posts: 352
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Stop The Presses!!!
Read this:
http://www.artslaw.org/OWNCOPY.HTM
This is something important to know if you get a printer to print giclees for you...
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02-25-2006, 02:32 PM
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#7
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SOG Member
Joined: Aug 2003
Location: Southboro, MA
Posts: 1,028
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Wow, Cindy-- Thanks for the heads up on the giclees!
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02-25-2006, 08:03 PM
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#8
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!st Place MRAA 2006, Finalist PSOA Tri-State '06, 1st Place AAWS 2007
Joined: Oct 2004
Location: Kernersville,NC
Posts: 391
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A note on state sales tax.
I visited two CPA's and two lawyers and was advised by both that the North Carolina law reads that portrait work is consider a service and is not taxable BUT that the state more often than not will rule against their own reading.
To further explain this anomoly I have two friends that are professional photographers. They both told me their tale of listening to their accountants and how they also called the state for their input on sales tax. They were advised that they need not charge sales tax. After a year of business they were both contacted by the state claiming they were owed back sales tax. When told of their status and the advice they received, the state ignored their protests and insisted they pay, which they did.
Needless to say, I am following my lawyers advice to collect and pay sales tax regardless.
__________________
John Reidy
www.JohnReidy.US
Que sort-il de la bouche est plus important que ce qu'entre dans lui.
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