I am thinking about creating a photography account where I retouch and edit portraits taken of models. See @sunwin.edits as an example artist who is doing this.
My question is, if I tag the model and photographer, can I get banned or anything from doing this? How about if I completely transform the portrait (i.e. edit the colors to my own style)?
This seems like it would be an easy niche page to grow, but not sure I see a lot of people doing it.
It’s a grey area but I guess you could still be taken down.
A “model” could take you down for impersonation.
I had an account at around 200k followers that reposted things and tagged the post creator. Keep in mind I didn’t dm the creator for permission first, but still tagged them in the photo and caption. Account got banned mainly because one person reported 5 of my videos ( he made all 5). i know it’s not the best practice but now I don’t tag the creator, I just say that I don’t own the content and dm for credit, the owners have never found my pages to report… if I ever have a page with maybe 1 mil+ followers I’ll probably hire someone to ask the creators for permission to post, or do it myself.
As someone who shoots their own content, I don’t mind when brands/accounts I tag repost my photos, it’s one of the reasons I tagged them in the first place. But if a random account just starts reposting my work without permission just so they have content on their feed, then that’s messed up. I didn’t spend all this time composing/shooting/editing just so someone could benefit from my hard work. It’s a little less frustrating when credit is given, but I can still see why you got reported.
It’s not that hard to ask someone whether or not you can repost their work. Not crediting the original content creator is even worse, now you’re just blatantly stealing.
When it’s about retouching a photo, legally, you can not do it without the express authorization of the photographer, the fact that you tag the photographer, from a legal point of view count nothing,
The modification that you are going to do to, will bring to what technically is called derivative work, which is still copyright infringement if you do not have the authorization.
Tagging the model without authorization may also bring to a problem, as this may be seen as sponsorship or endorsement.
The only thing that will make the difference if you do not ask permission, will be a photographer or a model agency reporting you.
There’s no way to get out of the derivative work by simply modifying the colors, to get out of it, you should create a new original work which means something changed so deep, that cannot be traced back to the original. The rest it goes per cases and usually a judge put the final word on it.
Take your chance or:
Unless it fall under fair use (transformative, educational, etc…)
“There’s no way to get out of the derivative work by simply modifying the colors, to get out of it, you should create a new original work which means something changed so deep, that cannot be traced back to the original”
The result of this lead to transformative.
I do not see how the educational purpose could be applied to this specific case and I don’t see how could be applied without invest in a lawyer as the educational topic is much more complicated than few lines, already the transformative may be overturn by a judge, moreover the country where the photographer live may not consider the fair use as originally was a US disposition and not a common one decided between countries.