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Is this illegal? Could I get sued?

77 replies

photoquestion · 06/03/2023 14:11

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.

OP posts:
IDontWantToBeAPie · 06/03/2023 23:08

@SummerInSun the rules changed to be that the photographer not the subject owns the rights. I think I'm 2001 it was changed.

WiddlinDiddlin · 07/03/2023 06:12

IDontWantToBeAPie · 06/03/2023 23:08

@SummerInSun the rules changed to be that the photographer not the subject owns the rights. I think I'm 2001 it was changed.

Where on earth did you get that from?
Uk Copyright law is much MUCH older than that - the originator/creator of the work owns copyright, it is automatic and assumed - unless the creator gives the purchaser all the rights (and if they do that would be in the form of a written licence or contract), then those rights remain with the creator.

Most artists and photographers really DO care about their images being edited by others without permission, because it generally reflects badly on us. People will say 'oh yes so and so painted that/took that photo'.. they NEVER say 'and then I drew that stupid beard on it' or 'and then I fudged it in Photoshop to make me look thinner'...

If you check the paperwork when you get photos done or commission a piece of work chances are it will expressly state that you may NOT alter the image at all, but even if it doesn't, unless it states specifically that you MAY alter it.. then you may not.

As to whether you'll get caught and sued for doing it - if its just pics that sit on your side table, probably not.

If you put it on your social media, then potentially, yes.

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