MicrostockGroup Sponsors

Envato Elements

Author Topic: Is it legal to use designer clothing for stock without a property release?  (Read 6329 times)

0 Members and 1 Guest are viewing this topic.

« on: June 17, 2009, 09:57 »
0
Hi all,

I made a lingerie calendar for beauty pageant contestant and she agrees to let me sell the images as stock. The lingerie we used were loaners from a high end store in return for there business info to be printed on the calendar.

Since this is expensive lingerie, and not generic, i wonder if i need a property release to sell the images.

Any help would be appreciated.

Thanks


« Reply #1 on: June 17, 2009, 11:27 »
0
Good question.   Is it possible to tell what brand it is if youre into "lingerie business" ?

« Reply #2 on: June 17, 2009, 11:33 »
0
I think we're going to need to see some images __ lot's of images.

LSD72

  • My Bologna has a first name...
« Reply #3 on: June 17, 2009, 11:35 »
0
I think we're going to need to see some images __ lot's of images.

Only looking for logo's... thats all  :-X

« Reply #4 on: June 17, 2009, 11:38 »
0
Yep, impossible to tell without the images  ;D

« Reply #5 on: June 17, 2009, 11:45 »
0
Try another shooting without lingerie. No lingerie, no clothes = no PR problem. Post it  here for evaluation and friendly advice about lightning and focus.

« Reply #6 on: June 17, 2009, 11:47 »
0
in return for there business info to be printed on the calendar.

If that's what you agreed on, you need a separate permission to use the images for other purposes. (permission = not necessary property release)

« Reply #7 on: June 17, 2009, 12:08 »
0
Try another shooting without lingerie. No lingerie, no clothes = no PR problem. Post it  here for evaluation and friendly advice about lightning and focus.

Dont do that. Some of the old farts lurking around here may have an heartattack ;)

« Reply #8 on: June 17, 2009, 12:15 »
0
Hi all,

I made a lingerie calendar for beauty pageant contestant and she agrees to let me sell the images as stock. The lingerie we used were loaners from a high end store in return for there business info to be printed on the calendar.

Since this is expensive lingerie, and not generic, i wonder if i need a property release to sell the images.

Any help would be appreciated.

Thanks


Given that the lingerie was used in return for a credit, you would be outside of the original agreement, if they were to be used in an inappropriate way it may damage the relationship between the model and the store, and could also affect your reputation in the industry.  

If the images are accepted due to the lingerie content they could wind up on the wrong type of website, like in this thread where the model in lingerie wound up used on a sex website.
http://www.microstockgroup.com/general-stock-discussion/my-models-images-from-dreamstime-were-used-once-again-for-a-porn-site-grrrrrr/

David
« Last Edit: June 17, 2009, 12:19 by Adeptris »

lisafx

« Reply #9 on: June 17, 2009, 12:24 »
0
^^Excellent points David.

FWIW I don't believe that lingerie shots do particularly well in microstock anyway due to a glutted market and limited usefulness. 

I doubt the returns would outweigh the risks.

« Reply #10 on: June 17, 2009, 12:29 »
0
Unless the lingerie was designed and sewn by the store, a PR from the store is irrelevent.

Everything is designed and produced by someone, whether it is Walmart or Fredericks.  The question is more, does it really stand out as the subject of the image and how recognizable is it as a product of said company, also, how litigious has the company shown to be in the past?

« Reply #11 on: June 17, 2009, 14:37 »
0
I have had three or four images of two different models in swimsuits rejected by IS.  The rejections said that the fabric and design of the clothing needed a release from the maker.  Of course that's impossible.

No one else has rejected these or any similar photos so who knows?

« Reply #12 on: June 17, 2009, 14:43 »
0
I have had three or four images of two different models in swimsuits rejected by IS.  The rejections said that the fabric and design of the clothing needed a release from the maker.  Of course that's impossible.

No one else has rejected these or any similar photos so who knows?
I had the same for a tee-shirt pattern and a girl with a hand of cards, the Ace and the pattern on the back of playing cards are copyrighted, but not the J K Q picture cards

When I asked about a tee shirt image with the slogon 'Relax Don't Do It', they said you cannot copyright a slogan

All a minefield I just learnt fast to accept and move on.

David 

« Reply #13 on: June 17, 2009, 14:52 »
0
^^Excellent points David.

FWIW I don't believe that lingerie shots do particularly well in microstock anyway due to a glutted market and limited usefulness. 

I doubt the returns would outweigh the risks.

Well said Lisa. What else or where else would you expect a girl in flimsy clothes or nothing at all to be used?  Lingerie designers don't use stock photos for their catalogue , they shoot their own. At least those of the designer visible do.
Also, there are some clothes that are identifiable. It's much like luxury cars. Each designer has a specific style. In general you may not be able to recognize one from the other, but sure as hell the designers and their peers will .

« Reply #14 on: June 17, 2009, 16:31 »
0
Men, humpf...!

Milinz

« Reply #15 on: June 17, 2009, 17:51 »
0
Men, humpf...!


Well, I think this one will do better microstock purpose:


http://www.fotolia.com/id/14820876

My model photos are not sold on microstock!

@ Loop: Evaluate this  :o
« Last Edit: June 17, 2009, 17:56 by Milinz »

« Reply #16 on: June 17, 2009, 21:39 »
0
Boy we Americans and Brits are such a bunch of prudes!

Pick up the recent issue of Vogue Italy with Eva Mendes featured prominently (topless) and you will see that the Europeans are way more sophisticated about nudity. There are a lot of European ads that would never get run in the US.

As far as lingeree being used for adertising other than porn, I can come up with at least four possible uses that are perfectly legitimate just off the top of my head.

For instance, here in Southern California there are a lot of night clubs that run posters and fliers every week. Many of these ads have a sort of fantasy theme and feature scantily clad young women. Or how about a plastic surgeon attempt to show how wonderful you will look after liposuction, eh?
I could go on, but you get the idea.



« Reply #17 on: June 18, 2009, 01:37 »
0
^^^^They are possibilities but the reality is that they will probably be used on sites that the model wouldn't be happy with.

« Reply #18 on: June 18, 2009, 02:35 »
0
Men, humpf...!

 ;D - Yeah, we're made like that. We can't help it. Nevertheless and notwithstanding, I wish the OP could upload some samples (preferably large size and very detailed) so we could form ourselves a well-informed opinion about the... lingerie.  ;)

« Reply #19 on: June 18, 2009, 10:54 »
0
^^^^They are possibilities but the reality is that they will probably be used on sites that the model wouldn't be happy with.


I guess that depends on who your models are.
One young lady that I recently worked with is an artists model who also does soft core porn.
She does not care wher or how her images are used... Although I chose not to shoot her nude.

puravida

  • diablo como vd
« Reply #20 on: June 18, 2009, 14:30 »
0
Boy we Americans and Brits are such a bunch of prudes!

Pick up the recent issue of Vogue Italy with Eva Mendes featured prominently (topless) and you will see that the Europeans are way more sophisticated about nudity. There are a lot of European ads that would never get run in the US.

As far as lingeree being used for adertising other than porn, I can come up with at least four possible uses that are perfectly legitimate just off the top of my head.

For instance, here in Southern California there are a lot of night clubs that run posters and fliers every week. Many of these ads have a sort of fantasy theme and feature scantily clad young women. Or how about a plastic surgeon attempt to show how wonderful you will look after liposuction, eh?
I could go on, but you get the idea.



lol Night clubs fantasy theme, huh? You mean strip joints, doncha? Which night clubs do you go where the women come in scantily clad or in lingerie?
Liposuction? well, why not a woman with cellulites instead of a skinny girl in lingerie? I like to meet that plastic surgeon who could transform a woman with cellilites into a skinny girl with liposuction, rofl.

« Reply #21 on: June 18, 2009, 15:41 »
0
@puravida, no I do not mean strip joints.

I do not know where you live, but in the Los Angeles to San Diego region of southern California the young ladies are often clad in what is called 'club wear'.

Club wear is often very revealing and sexy.
These ladies are playing into male fantasy no doubt, but it certainly gets attention.

Another popular trend in this part of the world are go-go dancers.
Again, no stripping and not porn. Just playing into male
fantasies. 

puravida

  • diablo como vd
« Reply #22 on: June 18, 2009, 16:28 »
0
@puravida, no I do not mean strip joints.

I do not know where you live, but in the Los Angeles to San Diego region of southern California the young ladies are often clad in what is called 'club wear'.

Club wear is often very revealing and sexy.
These ladies are playing into male fantasy no doubt, but it certainly gets attention.

Another popular trend in this part of the world are go-go dancers.
Again, no stripping and not porn. Just playing into male
fantasies. 

No we have them too. Except any fool can see they are the strippers from around the sleazy corner. No doubt all getting free drinks in exchange for luring the desperate guys to buy drinks for them.
Of course there are also lots of wannabees practising the trade to be ladies of the night. Some are even foreign students who moonlight just to get free meals and party.
Feel sorry for the cuckolds at home, waiting for their gfs who are away at foreign universities, supposedly to get a masters degree . Moonlighting that even the girls parents don't know what's really happening.

Sad state of society , isn't it?

« Reply #23 on: June 21, 2009, 10:01 »
0
Thanks for the input guys. I've decided not to use them for stock. It is just not worth the potential trouble.

Microstock InsiderEnvato Elements

 

Related Topics

  Subject / Started by Replies Last post
3 Replies
3397 Views
Last post April 21, 2006, 13:10
by leaf
10 Replies
3036 Views
Last post January 21, 2008, 05:41
by Lizard
5 Replies
4414 Views
Last post April 08, 2008, 19:01
by snurder
9 Replies
8776 Views
Last post September 26, 2008, 16:15
by JC-SL
14 Replies
4887 Views
Last post March 27, 2009, 08:09
by Milinz

Sponsors

Microstock Poll Results

Sponsors

Envato Elements