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I want to start an e-commerce "rules and regulations"

Discussion in 'Ecommerce Forum' started by Anna_Maria, Mar 5, 2018.

  1. Anna_Maria

    Anna_Maria UKBF Newcomer Free Member

    4 0
    Hello,
    my name is Anna, I just finished a few paintings and I would like to reproduce the design on some gadjets using one of those website where they do everything for you from the shipping to the costumer service but I don't know anything about regulations, Can I consider this as a casual income or self-employment? Should I declare something? At the moment I'm not paying taxes, I started working in August 2017 and my salary is variable, from 1,200 to 1,100 per month, Do I need to pay something or declare something before selling online?
    On my paintings I made a portrait of a famous person, would this be a problem if I want to sell it?
    Do you think I should protect my creations ask for copyright?

    thank you
     
    Posted: Mar 5, 2018 By: Anna_Maria Member since: Mar 5, 2018
    #1
  2. Scalloway

    Scalloway UKBF Legend Free Member

    13,224 2,860
    Posted: Mar 6, 2018 By: Scalloway Member since: Jun 6, 2010
    #2
  3. Pembroke99

    Pembroke99 UKBF Newcomer Free Member

    10 3
    Usually if you create something in the UK you retain the copywrite unless you assign it to someone else.

    As for the painting, well a portrait is usually done from life, that is a model sitting for their portrait so they know the portrait has been done. I assume in the case of the famous person you didn't do this and painted from a photo? If that is the case then not only has the original photographer got the copywrite of the photo and as you intend to use it for a commercial use may want a fee but you or the photographer would probably need what's called a model release form. This is a document signed by the person who the painting is of giving permission to use their image. You may be able to contact the photographer and see if they have such a form and if it covers you as well. If not then you probably shouldn't use the picture.
     
    Posted: Mar 15, 2018 By: Pembroke99 Member since: Oct 2, 2017
    #3
  4. Scalingspace

    Scalingspace UKBF Contributor Free Member

    33 5
    in reality, what chances there are to have trouble without getting 'model release form'?
     
    Posted: Mar 15, 2018 By: Scalingspace Member since: Mar 14, 2018
    #4
  5. Anna_Maria

    Anna_Maria UKBF Newcomer Free Member

    4 0
    What if the famous person is in an arena with many other people watching her? Who can really tell that the picture is just of the photographer? Many people could take the same photo with the same pose! Is that going to change everything?
    Thank you
     
    Posted: Mar 15, 2018 By: Anna_Maria Member since: Mar 5, 2018
    #5
  6. Mr D

    Mr D UKBF Legend Free Member

    7,376 768
    You taking a photo just of the person themselves?
     
    Posted: Mar 15, 2018 By: Mr D Member since: Feb 12, 2017
    #6
  7. Anna_Maria

    Anna_Maria UKBF Newcomer Free Member

    4 0
    A famouse figure skater in an ice rink full of people at a world championship, many people are there also many photographers and all of us are taking pictures, if I want to make a painting of this famouse figure skater with a fantasy background designed by me, would I have any problem if I want to sell it online?
     
    Posted: Mar 16, 2018 By: Anna_Maria Member since: Mar 5, 2018
    #7
  8. Scalingspace

    Scalingspace UKBF Contributor Free Member

    33 5
    Really dont believe you would have any problem for one painting.
     
    Posted: Mar 16, 2018 By: Scalingspace Member since: Mar 14, 2018
    #8
  9. Pembroke99

    Pembroke99 UKBF Newcomer Free Member

    10 3
    Okay let me answer all the posts with one. I am not a lawyer just an amateur photographer, as I understand the rules they are as follows.

    If you are in a public space, a street, a park, outside a night club, then the person or thing has no right to privacy and cannot object to being photographed (no matter what a police officer might tell you) this is how paparazzi operate outside a club that a famous person is leaving or an estate agent can photograph the outside of a property and include edges of the adjoining houses. Providing they're in the street when they take the picture, and so is the subject then there are no come backs.

    If you are in a private space, that is generally your own home, a photographic studio or a venue that you pay to enter then the owners of the venue can impose conditions on photography (and other sorts of recording). So in the case of the photographers at the ice rink, yes there may be loads taking photos of the same person but the venue may well require a fee or a photographer to register before taking those photos. The general public at the venue may well find there's a prohibition on the ticket they bought forbidding recording of the event which could include photographs and purchase of the ticket is seen as agreement with that requirement. As a for instance there is a tourist venue near where I live where if you want to photograph inside the venue (a cathedral) you must pay an extra fee and display a sticker but you are free to take as many photos of the outside without restriction.

    As to whether you get caught, well it's entirely up to you, a quick internet search will tell you if the person concerned is known for suing everyone they can. The crafting channels on TV regularly sell copywrite materials without any mention of the copywrite holder imposing restrictions on their re-sale but on the other hand I was once a member of a car club that was forced to change it's name as the manufacturer of the cars objected to their name being used in the car clubs name and that was after several years of the club's operation.
     
    Posted: Mar 16, 2018 By: Pembroke99 Member since: Oct 2, 2017
    #9
  10. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,201 1,873
    How on earth can a portrait painting bee seen as a copy of a photo every part of the painting will be different, you would be a brave and rich person to state in court that its a copy of your photo and not a interpretation

    You can through various methods prove a copy of a photo but a painting is original and has nothing of the original used
     
    Posted: Mar 16, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #10
  11. Anna_Maria

    Anna_Maria UKBF Newcomer Free Member

    4 0
     
    Posted: Mar 16, 2018 By: Anna_Maria Member since: Mar 5, 2018
    #11