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Starting over

I have really enjoyed posting on this site. It's nice to interact with other photographers. I work professionally as a portrait photographer and have posted some of the images I have taken at work. I was told today that I have to take them down. I am pretty upset about this because this means I will have to start my 365 day project over. I am trying to decide if it's even worth it. When I am super busy at work I don't have much time to do photos for myself.

Anyone else here have this happen? I might post one more image today but then it's either delete half of my images, start over, or just delete my account. :(

12 comments

jazzie Why would you have to take them down?.

KimJaye Because they are images taken at work, not on my own time.

jazzie That must be very frustrating 😳

Paweł Kadysz 365 projects are usually very personal. The number of professionals here is close to zero. tookapic is mostly for amateurs and professionals who want to take more personal photos. I think you belong to the second group.

Is it worth it? 100% people who did finish 365 project on tookapic says it was totally worth it. And what's more - 87% of those people start another 365 project the very next day.

You should go for it.

Comment was deleted

Paweł Kadysz I think it's some legal issues that we're talking about here. Correct me if I'm wrong but I think @KimJaye has no rights to the photos, because they were taken for a client.

Michael Gatton I hope you stay, I enjoy your work!

tania Sounds like an excellent reason, but such a pity...

Ian Forbes @KimJaye
Sorry for you problem Kim but if you are working professionally this is probably for the best if any of you images were paid for by clients. Please read on.

This is a very interesting problem, which could affect us all. It soon becomes complicate and has legal and moral implications.
What follows sounds over the top for a 365 project, but its sound practice for professionals. Or anyone thinking of hiring a model.

A few questions for us all to ask.
Are these client pictures? Did they pay for the shoot?
Are you selling your images on tookapic?

If any of these are yes I can see why tookapic might have a problem with them, as it’s on legal and moral shaky ground.

If you do any client work it usually falls into three types of contract. I’m sure if you are working professionally you have something similar.
1) When a client hires you for a shoot and negotiates exclusive rights to the pictures. IE: Vogue calls (I Wish) and you sign a contract that only they can use them. You can’t do anything else with them. Although you still own the rights. (Sometimes!!!)
2) You hire a model for you portfolio and they sign a model release form giving you permission to use or sell the images any way you choose.
3) The third is when you do a T.F.P (Time For Prints) Shoot. Which allows you or the model to use the images. Again signing a version of the model release form.

From the above, it’s easy to tell that if a clients paying for the pictures you should not use them without first getting permission to do so. You could be sued and get a bad reputation! It’s best not to post any images of anyone you don’t know personally. Not without a model release. Further more if you are lucky enough to sell images of friends and family its best to get a mutually beneficial model release from them before you sell it.
Note: this doesn’t apply to anyone taken on the street or at public events as its legal to take those. (At least in England and the US that I know of). Within the bounds of public decency of course.

Tookapic sells images (Which is a whole other level than just posting them)
I can’t see them having a problem with the 2 and 3. Although it may be very difficult if not impossible for them to check the legality of images with people in them, done under professional conditions.
I suspect you have to sign a waver that you have the rights to the image when you sell them. Perhaps Pawel could clear this up.

Remember though, clients who have paid for a portrait session may not take too kindly to their picture put up on the internet without them knowing where, why, and what for. They could sue or ask for it to be taken down, and if tookapic sold one of these pictures….. Well you start to see the problem.

I’m not trying to be harsh Kim. You may not be posting any client paid work or selling pictures ETC. (Your professional pics are great by the way). I’m just highlighting some of the legalities we can fall foul of. It’s best to err on the side of caution if you’re a professional as one legal case could end careers if it gets known.

You should carry on though, it’s a great way to experiment and try out new techniques. It gets you out of your comfort zone.
Only upload images done for the 365. Don’t worry about doing the best photo you can, just try new ideas. Use what you discover in your professional works later.
Over the three months I’ve been posting it’s been great for getting the creative juices flowing.

KimJaye Yep, I will take down all the portrait work thus ending my streak and having to start the whole thing over. Grrr. But I will stay on.

Ian Forbes @KimJaye

That’s great news that your staying Kim, Don’t be too disheartened. If you have any non-client images taken on the same day I think you may be able to swap them out and keep your streak. I’ve not tried it but click the edit icon and see if you can drop a new pic in if you have any.
I’ll pop over to your page and have a last look at your great pics before they go.
And look forward to what you come up with in the future.

KimJaye I decided to start over. Don't want to cheat!

Ian Forbes Probably best it will keep everything simple.