Is this illegal? Could I get sued?

[photoquestion]

Ok I have massive anxiety and am a huge over thinker so I may be completely over thinking this but just needed to ask!

is it legal to edit someone else’s photograph? Am i risking getting sued?

for context- im going to be in a situation soon where we get some professional photographs taken soon (not specifically for me but I’ll be at the event) and I’d love to have some nice photos of me and my close family. Unfortunately I’ve gained a lot of weight (through steroid for a health condition) and I look temporarily a bit puffy. I was planning on buying the digital copies of the photo and editing it slightly - not unnaturally so- but just enough that I look like me again in the photo (the steroids are not forever and neither is my current weight so it doesn’t feel like me if that makes sense) but someone told me it’s illegal and you can get sued for editing someone else’s photography even if it’s of you and if you buy it etc?

is that true? Am I overthinking and being ridiculous? I haven’t asked the photographer but I did ask if they would be able to edit photos so they could do it and they said they could adjust the lighting etc but they dont edit or ‘fix’ specific details

if anyone could help or advice I would be really grateful! I don’t want to do anything wrong or illegal.

Whoever took the photo owns it. You would need their express permission to edit it.

If you’re that worried about it ask the photographer for permission.

Just do it, no one cares about things like this unless you are intending to use the image for commercial gain

If it’s a photo you’re just sticking up in your house how would they ever know or care?

I'm not sure that's right. If you are the once commissioning the photo and paying for it, I think it's yours. To flip it the other way, I don't think the photographer could digitally change it to give your purple hair or whatever and then post it on the photographer's website without your permission.

Its absolutely not illegal. It could potentially be a breach of contract or maybe copyright. You need to look at the photographer's contract / terms of business. But as PP have said, the obvious thing to do is just chat to the photographer. It's not like you want to change it to make it awful so you can then post it on social media to say how awful the photographer is and ruin his/her business.

So long as you aren’t selling it or using it to badmouth the photographer you’ll be fine.

If you ask permission, the photographer will offer to do it for you and charge you.

The not editing may be a standard thing - but if you went to them after the event and asked them to edit yours for an extra cost they may be willing to do so?

Copyright by default belongs to the photographer, and it depends on what terms you are paying for.
Its most likely that the photographer is retaining copyright and selling you a level of use.

But they can only sue you for compensation of losses, an edit of their photo of you is unlikely to cause problems

The solution to all worries is to ask them

Note that it’s unlikely that they will hand over the original raw copy, and will supply you with a high quality jpeg etc

The raw is the full detail that was projected onto the camera is the equivalent of the negative
The JPEG is the equivalent of a printed photo

As a photographer myself I've had this request a few times. There was a huge lack of awareness about what a raw image is and no-one who asked for them would have had the ability to process them. Ask if the photographer could be paid for additional editing.

Not unless you have specifically written that into the contract, then no. Take a wedding photographer for instance. You've commissioned the photographer and paid for the photos. But the photographer still owns the copyright. They'll probably include a certain number of photos in your pack, but the copyright ultimately belongs to them to stop you buying one photo and making as many reproductions as you want. And so they can use them as examples of their work, enter them into magaziles etc.

The photographer can probably do it for you.

The chances of someone bothering to sue you over this is miniscule. So is them being awarded anyhting substantial for it even if they were successful. Just do what you want with those photos.

Legally:

You need to check your contract with the photographer. Almost certainly, it’s not a breach to edit the photo. It may be a breach to publish the photo (edited or unedited). Without the contract, we can’t know.

Practically:

You’ll be fine. Unless you’re very famous or the photographer is very famous, they will not care. If they do care, their law suit would be worth about 50p.

To heck with that. If I've got a photo, and especially one I've paid for, and I want to alter it so I can use it in my home, then I will.

I have done with my wedding pictures where I've cut people out, cropped shots, lightened them etc. I seriously doubt a policeman would arrest me for that.

You can do what you want with the copies you buy so long as you are not reselling them for profit. Theoretically the copyright belongs to the photographer, but your copies (even digital ones if you buy them) are yours.

No, not illegal as that implies a criminal offence has been committed.

At most (and highly unlikely), a photographer could sue you over copyright issues, but that's a civil matter.

People digitally alter photos all the time as there's lots of software available making it much easier than in the olden days of 35mm film and a dark room. 😂

Where will these photos be going?

I’m not being rude but photoshopping them so you look slimmer might look a bit silly if other people are going to see them.

If no one is going to see them then there’s no point editing them.

My advice would be to lay off the carbs so you lose some water weight, put on some fake tan (not orange or too dark), find a nice sliming outfit and do your hair and make up nice (maybe even pay someone to do them) these will make you look slimmer without the worry of needing to edit them.

It is right.

The photographer owns the rights to the images they produce.

They sell you specific rights to the image, usually 'personal use' ie. display in your home, and these days that probably includes on social media.

To have the right to edit images, you would need to have the photographer include that in the licence - they may well not agree to do so because the chances are you'll do an awful job and their name would then be attached to your poor editing.

However most are capable of editing images well themselves so the simple solution is to ask them to do this.

My advice would be to read the full post without giving such judgemental and incorrect advice. The OP has already explained she/he is on steroids hence the weight gain. No amount of reducing carbs will fix that FFS.

Not sure on legal or not but it's definitely frowned upon and you should ask them
If I work for trade (my time for photos), it's often on the contract that I don't edit/alter/filter photos and always to credit photographer when uploading the image anywhere

Unlikely to be a problem if for personal use only,

My advice would be to read the full post without giving such judgemental and incorrect advice. The OP has already explained she/he is on steroids hence the weight gain. No amount of reducing carbs will fix that FFS.

@Dashingdasher

How have I given judgemental or incorrect advice?

Steroids are known to increase your water retention.

Carbs are also known to retain water.

Therefore reducing your carbs will reduce your water retention.

That’s why when people go on a low carb diet they lose loads of weight the first couple of weeks but it’s not fat it’s just water which will come back as soon as they start eating carbs again.

I’d rather go to an event feeling good about the way I look and how the photos have come out, rather than trying to photoshop them.

This. ^

This. ^