 BetterPhoto Member |
Copyright, release and ownership If someone pays you to shoot a photograph in studio or staged environment. Who own pictures and copyright of the photos? I know you need a release form for people, but do you need one for domestic animals, like dogs or cats? Is there anything legally binding for public veribal agreements?
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Adam L. |
Good questions. I don't have your answer's, but if someone who does would elaborate on the release forms, I'd apreciate that too. I'm confused as to the difference between paid models and paying customers with regards to these releases. I thought that the photographer owned all rights to the pictures he took, regradless of who was in it or paid for it. But I think I might be wrong on this one, atleast partially.
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Melissa L. Zavadil |
Daniel, you would own copywrites to the photo. UNLESS you were working under another photographer and in that case that photographer owns the rights and you do not have any. Yes, there are some cases where a property release can come in handy for a dog or cat etc. Get them if you can. If it is a generic species you most likely won't really need one because it would be pretty hard for them to prove it was their dog and you caused them 'harm'. Public verbal agreements are not the best. The reason is because if there is amiguity with the contract the person who wrote the contract is at fault. Therefore, there is a lot that can go wrong with a verbal agreement. If the contract is simple like you may do this or that it might be ok. But, it still lacks with details like duration etc. You will have a hard time if the other party changes their minds trying to prove there was an agreement in place. Were there any witnesses to the agreement? Paid models need to sign a release. Paying customers are paying you to do a job and no you do not need a release. You would need a release if you use those photos for print 'publication' NOT for portfolio work (as long as these photos could not hurt or distress the client--like nudes).
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Adam L. |
That answers my question. Thank you. Now I just need to find a good release. Guess it's time to hit google. Unless anyone knows where I can find a well worded one. I have heard of photographers incorporating these into their hire contracts. Is this true, or do they have to be separate forms?
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Stephanie M. Stevens |
I hope you dont mind me tacking my own question on here, but this seems like the right place to ask. I see that you don't need a release form from paying clients for portfolio work. I recently shot my cousin's wedding, and I would like to use some of the pictures in my portfolio. However, not all of the pictures are of my cousin and her husband. So, what I'm asking is, do you have to have a release for people whose pictures you were paid to take, but the person in the picture wasn't the person who paid you? I'm talking about a printed portfolio or website, and possibly young children, the flower girl and ringbearer.
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Brendan Knell |
Stephanie, From what I've heard, you would need a realese to publish them on a website. On a printed portfolio, as long as you don't have them on fliers or ads, and you just use them for when potential clients come in, you should be just fine. But then again I'm not a lawyer, so I'm not completly sure.
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BetterPhoto Member |
Did you chose the aperture, the shutter speed, the lens, the distance from subject? If yuou had ANY control over the EXPOSURE then you have control of rights to that exposure and any resulting object that comes directly from that exposure, ie. the negative or slide and or prints. Now they may be entitled to a small portion for use of their equipment/space, but that is negotiable with the copyright holder.
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