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Swimwear and Sunshine
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Big-haired Bitch/Personality Hire
Ash, your swing pic inspired this one:
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Active Ink Slinger
Quote by Dancing_Doll
I like the retro look too. Very pin-up sexy!
Omg! I want that bathing suit so bad... I normally wouldn't wear a one piece, but it's so pretty.
I really like this bathing suit too:
Alpha Blonde
Another LaPerla. I think you have to be sexy as fuck to carry this one off, but it's a hot look.
And I love this one. Very easy to wear. This will also fit like a second skin. I have a LaPerla plain black string bikini in this same fabric and it's like butter against the skin. It wears amazingly well too. I've had it for almost five years and worn it a lot in a variety of water conditions (saltwater, hot tubs and chlorinated pool) and it still looks like new. Great brand.
And I love this one. Very easy to wear. This will also fit like a second skin. I have a LaPerla plain black string bikini in this same fabric and it's like butter against the skin. It wears amazingly well too. I've had it for almost five years and worn it a lot in a variety of water conditions (saltwater, hot tubs and chlorinated pool) and it still looks like new. Great brand.
Cryptic Vigilante
This is definitely my favorite so far for women. It's very sporty (which I love) yet also very elegant with the 'braids' at the back and on the sides of the briefs. It also looks very comfortable and practical (like it would stay in place no matter what).
I love both colors (white and pink), though white is generally a better choice for the universal classy look.
Some other swimwears look very elegant too (like the one Lana is wearing), though sometimes they almost look like the woman will do just about anything on the beach but swim (if you know what I mean).
I prefer athletic girls who aren't afraid to jump in the water.
As a man, my swimwear looks similar to this, with a few orange trims. It looks rather athletic, yet not as tight as those speedos. I also totally dislike those loose trunks with Hawaiian/funky designs.
Active Ink Slinger
I like to wear something like this:
But that pic makes me dream about summer:
www.madeinbrazilblog.com
But that pic makes me dream about summer:
www.madeinbrazilblog.com
I want to go here! 
Active Ink Slinger
Alpha Blonde
Ok, I've been thinking on this one for a while now and finally broke down and bought it. I really love the braided back and it looks good from the front as well. It's my way of rebelling against winter. I'm so tired of snow!
Quote by Dancing_Doll
The Dominican Republic is one of my many homes and I saw beach life at it's best (and worse) and I love the simple bikini - not the ones that barely cover the nipples with a Band-aid bottom. The only time I saw a girl in the slut bikini they were putas with their slovenly ugly American/Brit type (God, do I hate those types).
I took these while there and I think the simple look is very elegant and sexy at the same time.
Active Ink Slinger
I ordered my summer bathing suit today and I'm super excited to get it! I love the pineapples and ruffle with the simple bottoms.
Her Royal Spriteness
i like the look of TYR. this is what i'm thinking... Disco Inferno Diamond!
You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.
Big-haired Bitch/Personality Hire
Quote by Scriptwriter66
The Dominican Republic is one of my many homes and I saw beach life at it's best (and worse) and I love the simple bikini - not the ones that barely cover the nipples with a Band-aid bottom. The only time I saw a girl in the slut bikini they were putas with their slovenly ugly American/Brit type (God, do I hate those types).
I took these while there and I think the simple look is very elegant and sexy at the same time.
Snapping candid photos of strangers and then posting said photos online doesn't seem like a good idea.
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Big-haired Bitch/Personality Hire
Quote by Scriptwriter66
Dani, I know both of these girls.
Do they know you've posted their images here?
I'm only asking because we try to discourage people from posting personal photos of friends, family, etc. without their consent.
Images made available to the general public that are found via more public means (Google Images, for example) are considered fair game because they're more likely than not made available through disclosure/distribution agreements with consent given from the owners and/or subjects of the photos.
Either way, anyone who posts pics here assume full responsibility, of course.
I can only speak for myself, but if a friend or acquaintance uploaded pics of me anywhere online, I'd at the very least like to be aware of it.
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Quote by Dani
Do they know you've posted their images here?
I'm only asking because we try to discourage people from posting personal photos of friends, family, etc. without their consent.
Either way, anyone who posts pics here assume full responsibility, of course.
I can only speak for myself, but if a friend or acquaintance uploaded pics of me anywhere online, I'd at the very least like to be aware of it.
Dani I understand your concerns. I would never post a photo of anyone that I know in a bad light.
However, saying that, there appears to be a lot of confusion regarding photos people personally take.
I am acutely aware of the copyright laws because I am a professional photographer and writer.
In 1975 I captured a image in a park of a woman twirling around, her husband was there and saw that I was photographing the area. The wind blew her dress up and I caught her image without panties showing her naked butt. If her face had been clearly shown I wouldn't have published the photo. As it was her face was obscured by her hair. I published the photo and was sued by the husband for invasion of privacy. He lost for obvious reasons.
The two women in question were aware of my taking the photos and did not object.
If I'm asked by anyone that I photograph to delete the photo I will.
As far as the law goes I submit the following from the Copyright office regarding photos we all take. Ownership belongs to the person who takes the photo. There is no need to notify the person in the photo if and when they are published or sold.
Again, should they request, I will remove the photo.
If I'm challenged to my right to publish I will fight back.
I hope the below clears up any confusion anyone may have about the photos we all take.
How do I get copyright?
Automatically. The law protects your artwork upon mere creation.
“Copyright exists from the moment the work is created.” — U.S. Copyright Office, FAQ
“Your work is under copyright protection the moment it is created …” — U.S. Copyright Office, FAQ
“Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.” — U.S. Copyright Office, FAQ
Do I have to register, publish, or add a notice?
No. Those were requirements in the U.S. before 1976 but they were omitted to conform with the Berne Convention.
“[Copyright shall] not be subject to any formality.” — Berne Convention
“Publication is not necessary for copyright protection.” — U.S. Copyright Office, FAQ
“In general, registration is voluntary.” — U.S. Copyright Office, FAQ
What is the actual law?
In the U.S., the federal Copyright Act is Title 17 of the U.S. Code, which includes the Copyright Act of 1976 as amended by the DMCA and other laws. The law stems from the U.S. Constitution.
“The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” — U.S. Constitution, Article I §8, adopted 1787
In most other countries, the basic laws are similar due to an international copyright agreement known as the Berne Convention.
“The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other’s citizens’ copyrights.” — U.S. Copyright Office, FAQ
U.S. Code Title 17
What can get copyright?
Most tangible artworks are covered, including paintings, murals, statues, TV shows, music, and photographs as “pictorial … works.”
“Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include … pictorial, graphic, and sculptural works.” — 17 USC §102
Who owns the copyright?
The person who presses the shutter-release automatically owns the copyright to the photograph.
“Copyright … vests initially in the author …” — 17 USC §201(a)
The one exception is when the the photographer is a full-time employee, then the employer owns the copyright as a “work made for hire.”
“In the case of a work made for hire, the employer … is considered the author …” — 17 USC §201(b)
This does not apply to part-time, volunteer, or contract (e.g. wedding) photographers. A photographer owns the copyright unless they explicitly sign it away in writing.
“A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance … is in writing and signed by the owner …” — 17 USC §204(a)
Models (and other people in a photo) do not own copyright; they own their likeness, as publicity rights. Likewise, property owners have property rights.
If you take a photo as part of a full-time job, your employer owns the copyright.
If you are a wedding or event photographer; a volunteer for a school paper; or you get hired as an independent photographer, you own the copyright unless you sign it away in a written contact.
work made for hire
If you are a person in a photograph, the photographer (not you) owns the copyright, unless agreed otherwise in writing.
If you paint a photo, or you photograph some artwork, you own the copyright in your work but not in the underlying work, so you may need permission to sell your work.
What rights do I get?
As a copyright owner, you control who can copy, adapt, license and publicly display your photos, particularly for profit.
“Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
• (1) to reproduce the copyrighted work in copies …;
• (2) to prepare derivative works based upon the copyrighted work;
• (3) to distribute copies … of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; …
• (5) … to display the copyrighted work publicly
— 17 USC §106
As a photographer, you get to be the only person to:
1. make and sell copies of your photos;
2. create other art using your photos, such as paintings or Photoshop variations;
3. publish your photos on the Internet and in books;
4. license usage of your photos to other people in exchange for money.
In a sense, copyright doesn’t give you anything, it just takes abilities away from other people, saying what they can’t do. Thus it’s an “exclusionary right” or a “negative right.”
“Copyright is the legal protection extended to the owner of the rights in an original work that he has created. It comprises two main sets of rights: the economic rights and the moral rights. The economic rights are the rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public display, distribution, and so on. The moral rights include the author’s right to object to any distortion, mutilation or other modification of his work that might be prejudicial to his honor or reputation.” — World Intellectual Property Organization (WIPO), Collective Management of Copyright and Related Right
What do I not get?
Copyright is not an absolute right; there are over 20 exclusions, limitations and exceptions. These include:
• Facts and unoriginal work
• Ideas
• Duration
• Fair use, for public benefit or non-profit
Copyright does not apply to facts, since these are universal not individual. Factual dates and figures can’t be copyrighted, but text expressing those facts may be. Similarly, works with no originality or creativity (such as “slavish copying”) cannot gain copyright
.
Copyright covers form but not idea. It applies to the tangible artistic result — known as the “form of material expression” — not the underlying concept. So your photograph has copyright, but not the idea or viewpoint behind it. For example, if you take a great photo of some natural thing, such as a beach or Yosemite Valley, you can’t stop other people from taking the same photo.
Many artworks are no longer protected by copyright (they are in the “public domain”) and are free for everyone to use. This includes artworks published before 1923; copyrights that have expired (complex); and public property such as written laws.
Copyright can expire. In the U.S., the duration is lifetime plus 70 years.
Copyright does not prevent resale. In the U.S., after the “first sale”, the owner can resell a work as-is.
Fair use is permitted. This is for purposes that benefit the public interest or that are private, non-commercial and do not affect potential revenue.
“… there are several limitations of the exclusive rights of the copyright owner. The copyright law provides exemptions from infringement liability by authorizing certain uses under particularized circumstances.” — U.S. Copyright Office, FAQ Infringement
fair use, limitations, originality
Does anything overrule copyright?
Copyright can be superseded by other rights, such as trademark or privacy. When laws conflict, a balance test is made and one takes precedence.
“Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business.” — U.S. Copyright Office, Circular 1
Rights that can subordinate copyright
U.S. law
Freedom of speech
Federal constitutional law
(First Amendment)
Trademark, trade dress, unfair competition
Federal statute, Title 15
Trade Secrets
Federal statute, Title 18
Patent
Federal statute, Title 35
Public property
Federal and state law
Private property
Federal and state law
Privacy
State law
Publicity
State law
Also: Contract law, defamation
Local
privacy, trademark
How long does copyright last?
Life plus 70 years for individual photographers in the U.S.
“Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author’s death. — 17 USC §302 (a)
Copyright is automatic?
Yes, thanks to the Berne Convention. At the moment of creation, when the artwork is “fixed” in some tangible form, copyright applies automatically. For a photographer, when you press the shutter release you are making a photo and gaining copyright to that photo at the same time. You don’t have to declare copyright or file any paperwork. It is yours to keep until you explicitly give it away or you die (copyright expires after you do, the duration in the U.S. is the author’s lifetime plus 70 years).
Will people steal my photos?
Generally no, as publishers live by copyright law and usually have established rates which they gladly pay. A more likely problem is that publishers may not know that you are the copyright owner, which goes back to that “©” symbol and digital watermark.
If you put your photos on the Internet, you may find them appearing on amateur websites, but usually not on professional websites or in printed media. Pictures on the Internet are too low in resolution to use in print. By the way, putting photos on the Internet may make them publicly available but does not (in the legal sense) put them in the public domain.
Why should I register?
Registration is required to be able to file a lawsuit. If you registered your work before an infringement (or within three months of first publication), then you can sue for statutory damages of up to $30,000 (or $150,000 for willful infringement) PLUS attorney’s fees. Otherwise you will still have to register it before commencing a suit, but you can only get actual damages and no attorney’s fees, which makes a lawsuit uneconomical.
“…no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” — 17 USC §411(a)
“You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.” — U.S. Copyright Office, FAQ
“Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.” — U.S. Copyright Office, FAQ
How do I register copyright?
You can apply online. An unlimited number of photos can be registered as a group for one fee of $35 (as long as they have the same author and registration year). Just put your JPEG digital photos in a single zip file and upload them here.
“You can apply to register … an unpublished collection of photographs with one application and filing fee …” — U.S. Copyright Office, FL-107
“A group of published photographs can be registered on a single form with a single fee …” — U.S. Copyright Office, FL-124
register copyright online
What is copyright?
“A grant of copyright in a published work secures for its author a limited monopoly over the expression it contains. The copyright provides a financial incentive to those who would add to the corpus of existing knowledge by creating original works.” — A.A. Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2d Cir. 1980)
“… the cause of knowledge is best served when history is the common property of all, and each generation remains free to draw upon the discoveries and insights of the past. Accordingly, the scope of copyright in historical accounts is narrow indeed, embracing no more than the author's original expression of particular facts and theories already in the public domain.” — A.A. Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2d Cir. 1980)
Big-haired Bitch/Personality Hire
Quote by Scriptwriter66
Again, should they request, I will remove the photo.
How would they request the photo be taken down if they're not aware you've posted it here?
I'm not trying to infringe upon your copyright entitlements. As I said before, everyone is responsible for what they post...whether they own the material or not.
All I'm saying is, if a friend or acquaintance took a photo of me and posted it anywhere on the internet (especially on Lush, given the nature of the site) I'd want to know. That's why I asked if the two women in those photos were/are aware of their photos being posted here.
Of course if your friends are fully aware that their pictures have been posted here, then my previous points are moot.
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Big-haired Bitch/Personality Hire
Quote by Saga
OMG I need this one!
You and me both. It's so pretty!
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Quote by Dani
How would they request the photo be taken down if they're not aware you've posted it here?
I'm not trying to infringe upon your copyright entitlements. As I said before, everyone is responsible for what they post...whether they own the material or not.
All I'm saying is, if a friend or acquaintance took a photo of me and posted it anywhere on the internet (especially on Lush, given the nature of the site) I'd want to know. That's why I asked if the two women in those photos were/are aware of their photos being posted here.
Of course if your friends are fully aware that their pictures have been posted here, then my previous points are moot.
I'm not attempting to be argumentative but if If I have to worry about informing everyone that I've taken a photo of where I've published that photo then I might as well hang up my camera.
The presumption when someone takes your photo they are free to do what they with the photo as the copyright owner.
The risk we all take, especially in today's society and everyone has a camera phone is we can wind up being on a numerous different venues.
Hopefully, the person who takes your photo will be responsible with it.
To constantly worry about where your photo shows up means you should prevent anyone from taking your photo.
My friends are not aware I posted the photos here, they are aware that I take photos professionally and as such their photos could appear anywhere.
Their photos appearing on Lush does not interfere with their lives, nor are they open to ridicule in their lives because of it.
We are living in a society in which our freedoms of expression and speech are slowly being destroyed.
There are many, as you know, who would love to bring down Lush and those of us on it be exposed as perverts and sickos.
However, if I have to constantly worry about who, when, where, and why then I might as well find a hole and crawl into it.
Laws have been placed to protect freedom of expression, and as long as we are, as you say, responsible, and respect those laws no one can hold us accountable to doing wrong.
Sorry, if I've become over jealous on this what may seem to be a minor point to some.
But I'm 67 yo and I have watched for a long time now good men and women died and are still dying to protect those little rights we do have.
Yet, there are those that work daily behind the scenes looking for ways to encage us to their ways.
I understand your personal concerns regarding 'your photo' being seen. I share the same concern about mine because of the narrow minded that would find ways to harm us because of our wish to be free to express our sexual nature here.
I appreciate your concern, but the onus is on the one taking the photo and the one allowing their photo to be taken to make sure that it causes no harm.
Sorry, I'm just an old fart that harms no one and does't want to be harmed..
