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sainnatrogs
Joined: 10 Dec 2007
Posts: 13
Location: Georgia
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 Posted: Sat Apr 26, 2008 8:54 am Post subject: Photography and copyrights? |
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| I'm a photographer just starting my own business. I've done quite a bit of research about copyrights & all of my findings tell me that I, as the photographer & artist, own the rights to any photos that I take, even if I'm hired to take them. I'm of the understanding that unless I have a signed contract with my client stating that I will give the up my rights to the finished product I will own them forever & can do with them as I wish (ie: using them in my portfolio, for advertising, etc.).However, my friend knows a couple that hired a photographer to take their wedding photos who asked them to sign a release for him to be able to sell any pictures that he took, they declined to sign. About a year later the wife discovered that he had sold her pictures to a magazine. They sued the photographer & won $50,000. My question is..why? Do they own rights to the pictures because they are in them? Am I wrong in believing that I'm the artist & I own my art even if I'm hired?Thank you. |
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Sophiesmom
Joined: 25 Nov 2007
Posts: 14
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| Posted: Sat Apr 26, 2008 10:21 am Post subject: Photography and copyrights? |
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| The photographer retains ALL rights to an image, however....since the people IN the photos didn't sign a model release and the photographer didn't respect their right to that privacy, they got sued, and should have been!NEVER use an image without prior written consent from the person IN the image.This is standard practice for most photographers. After you complete your session, you should have a model release form on hand for them to sign immediately. If they decline, you will need to make note that you cannot use the image. You should always use a contract when photographing anyways to protect yourself from anything....esp if you would like to use images on your website for promotion.... |
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skippyj
Joined: 10 Jan 2008
Posts: 3
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| Posted: Sat Apr 26, 2008 11:48 am Post subject: Photography and copyrights? |
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| As stated above, if the person is recognizable in the image and they do not have a model release, then there are limitations to what can be done.What confounds me is, I cannot believe that a magazine would accept such an image without a model release. Did the photographer forge one?If anything, I think the magazine should be held accountable same as the photographer for accepting a photo without legit, legal model release. |
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Tricia
Joined: 02 Dec 2007
Posts: 8
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| Posted: Sat Apr 26, 2008 1:16 pm Post subject: Photography and copyrights? |
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| The photographer owns the rights to the images (meaning the customer can't sell them or reproduce them without the photographer's permission). That doesn't mean the photographer has the right to sell images of people without their written model release (unless it is for a news story) or they are "public property" (i.e. rich and famous media types).What probably occurred was the photographer used the wedding images with the couple in them without the express permission to use them for commercial purposes. That is a "no no." |
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steph6344
Joined: 14 Jan 2008
Posts: 4
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| Posted: Sat Apr 26, 2008 2:43 pm Post subject: Photography and copyrights? |
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| Okay, while the photographer owns the rights to the images, meaning the subject cannot make copies without the owners okay, that doesn't give full leeway to whatever they want to do with them. The subject does have a say in how images of them are used, ie in promotional material, the internet, etc. I always get my customers to sign a release for use form that I have in order to use certain images in my advertising. If you would like a copy of it, just email me at firey_cowgirl@yahoo.com. You do need one of these in order to use images of your customers. Or you will face a lawsuit. |
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Sododionflome
Joined: 13 Nov 2007
Posts: 20
Location: USA
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| Posted: Sat Apr 26, 2008 4:10 pm Post subject: Photography and copyrights? |
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| The above answers are good.It is simple you can not make money off other people for commercial uses without compensation. What many people do not realize a model release is not enough!Read the first line of any proper release. It will say...."For valuable consideration......" Or sometimes...."in consideration"So even if the person signs the release, the release is null and void unless you paid the the person. It could be 1 dollar or it could be prints or it can be an exchange.BTW NEVER EVER sell copyrights. Give ONLY Usage rights away. |
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shantel
Joined: 26 Jun 2007
Posts: 2
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| Posted: Sat Apr 26, 2008 5:37 pm Post subject: Photography and copyrights? |
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| Yes, photographer owns the copyright to the image. That simply means that nobody can copy it without his concent. However, people own the their own identity. which means he can not profit from those pictures (with noted exeptions of incidental appearance, news/editorial/humor or public domain). He can use images to promote his work, but as soon as someone pays him, things change. I am shocked that someone let him sell those images without a release.Now, as far as work for hire. It is nuts to work without a contract. There are multiple ways to treat the work product. Some clients will only hire you if they own all works (e.g. corporate marketing) and may give you rights to use them for promotion. I have actually had a client that asked me to sign a non-disclosure agreement specifying that I will not use pictures even for promotion and will not list the specific person photographed. |
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