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.

I don't think you have done anything wrong @photoquestion and unless you have made yourself look 4 stone lighter I doubt anyone will notice. I had a photo from someone's party some months ago, and it was a good photo - of me and 7 others, but I had a double-chin! 😬 In real life I don't have one (well not much of one!) I was just squashed back in the chair a bit, and it made me look a bit doublechinny! So I edited it, to 'remove' the 2nd chin! NO-ONE noticed. Mainly because no-one cared or noticed. (Only me!)

You'll be fine. As long as it's not changed HUGELY. And you already said in your OP that is was not a big change.

Photographers are concerned about their own work, and what is done with it - and understandably so, as it's theirs...... But they're not ridiculously precious, and someone airbrushing an extra chin out (on themselves,) or smoothing over stretch marks or cellulite is not going to bother them!

Something can be illegal without being a criminal offence. That's simply incorrect.

Ask the photographer to edit the photos as they will be editing them in any case. Then you’ll get the prints you want.

To correct one statement -the photographer can very well change your hair colour to purple or edit how they want.

In the uk there is no right to your own image. Anyone can take a picture of you oh the street and print it on a t-shirt. Or edit a photo of you however you want.

Now if you are Rhiannon then there is another issue of passing off (tricking people into thinking say top shop had run a collaboratiion for her face on their T-shirt) but if you are joe bloggs not much you can do (assuming normal privacy laws applies -so in public and not not a child)

If they made the photo very deformed and identified you it may tip into defamation in theory.

I edited photo of DS as he had a long scratch on forehead that was still very fresh and red. You'd never guess on the print out on my wall 😂 usually if you buy the usb, you own the copyright which I always do as I'd rather not see pics if my kid advertising dental floss in another country lol. Even if you don't own the copyright, edit anyway, who's going to know or care really?

Yes but that’s not the case for everyone on steroids. I have known people on steroids who were low carb/carb free- guess what, they still ended up with a puffy face and weight gain. Your post came across like all the OP had to do was to stop eating cards and lose weight which is simply not the case.

besides, the OP asked a very specific question- if it’s legal or not to edit the photos. He/she didn’t ask for advice on weight loss. Nor did they ask what you would rather do. It’s irrelevant you would rather go to an event ‘feeling good’. Maybe the OP can’t lose weight and would rather edit. Your post did come across judgmental.

How would the photographer even know though? I had professional photos taken and did some extra editing on them.
My opinion was that I paid a lot of money for them and no one else is going to see them, I’m not profiting from them so I can’t see what the harm if I edit them a bit and then stick them on my wall.

Bless you I can be the same with the overthinking sometimes! Many moons ago I was a performer and used to get headshots taken. Often the place me and my friends would send the original shot on to to get hundreds printed (this really was the olden days) would do a little 'enhancing' on their own initiative. Never occurred to any of us (or the printing house) that that may cause issues, we were all just so pleased with our gleaming teeth and blemish free skin! As you want the pics for family, i.e. personal use, I'd be surprised if it'd be an issue at all. I'd ask the photographer if they offer that service though, I bet its pretty standard. I noticed my daughters hair had been airbrushed on a school photo once, I'm guessing she looked a bit scruffy by photo time!

Is this just for your home and to show friends or family in person? I doubt anyone will care that you've edited the photos as long as you are not posting them all over social media or using them professionally.

What are you doing with the pic? If your framing it and putting it in the front room then crack on. If you’re using the picture as part of the Ralph Lauren Spring/Summer 2023 campaign then you might want to ask permission.

If it's for private and personal use no one is going to find out about it and no one will care.

If you are going to sell it for publicaiton in a magazine, then the photographer might have something to say about it.

It's not ever illegal in a criminal sense, but it may be a civil law wrong amounting to moral rights infringement or copyright infringement in some circumstances depending on what you did with the copies that were photoshopped.

When I’ve had photographs taken the photographer has only ever given me the JPEGs not the RAW files. To do a decent edit job you would probably need the RAW files.

Do the photos have to be taken now? Could you not delay until you’re off the steroids and feeling a little better about yourself?
It seems a little cruel to yourself to have a permanent reminder of when you’re clearly not feeling your best/ and or spending a ton of money on photos you then feel the need to edit.

The photographer owns copyright on the photos even though you've paid for them. There's nothing stopping you from asking for permission to 'shop them, they might ask you to sign an agreement saying its for your own personal use and not commercial gain.

Ask the photographer to slim you down a bit. Explain that you're on steroids and not looking your best. Most photographers will be able to Photoshop you. Then when you're happy with the image you can buy it.

If this is for personal use, how would the photographer ever find out? And even so I seriously doubt they would care. And to the pp taking about raw vs jpg, it sounds like the OP is going to be warping the image of herself to appear slimmer, in which case a good quality jpg should be fine. The main advantage of raw is being able to adjust the exposure and colour balance, which isn't what she wants to do.

I kind of work in this sector(ish). The photographer always retains the copyright unless they sign it over to you so yes altering the images whether or not it’s for personal use is a breach of copyright. And no matter how well you try to edit a picture, it can always make the photographs look bad/ unnatural even if you don’t think it does, sometimes it can look obvious that a picture has been edited which can then makes the photographer’s work look bad and can lose them future customers.
If you are so bothered about your appearance you could always have a word with the photographer to see if they can edit them for you.

Are you certain that you have the technical ability to do this, OP? I only ask because whenever I've tried to edit out things like grey roots and spots, it's always really obvious it's been edited.

There is often a derivative work copyright exemption for art including photography too - e.g.: if you cut your face out of the photo and stuck it in a collage that would usually be considered fine.

legal answer: photographer owns the copyright, the photos are their IP and its a breach of contract to alter them

realistic answer: no one is going to know or care

This.
No photographer would be happy to have their name on a badly edited photo. It is against the copyright and is not ok. It can lose them future work.
Talk to the photographer. If they are not happy to do this editing ask if there is anybody they can engage to do it on their behalf, with them retaining the right to veto it if they think it compromises their work.

If it's for personal use, and stays for your eyes only, it's no problem. After all, how would the photographer ever know?

If you're just putting the photo into an album at home, can't see a problem - but if you're planning on putting it online or whatever, you'd be best just asking the photographer to do it for you - they'll do a better job than you will anyway.

You can print them out, chop them and make a collage out of them if you want. You can do what you want to copies as long as you aren't promoting the altered images as theirs

I can't believe any photographer would care about this. I'd just do it!