 Stephanie Meyer |
who has the right to a photo when paid to take it? I do freelance photography for others , family portraits, senior pics, kids, events, couples, etc. I have so far been paid for the proofs and my time. I would like to create some brosures with examples of my work and post some photos to this site and my own. But I am concerned on the legal rights to the photos... The ones that I was hired to take... *I would like to know who holds the rights? *And what kind of privacy obligation should I hold to my customers. Example I have some great shots of kids but they are not my kids and I am not sure how I would feel if I found thier image on a web site..... Unfortunatly I didn't have any contracts sighned. *If I need contracts what should I include?
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Brendan Knell |
"I would like to know who holds the rights?" You said that they paid you, right? Well, as long as you didn't sign a contract handing over the rights to the photos, then they should be yours. "And what kind of privacy obligation should I hold to my customers." Well, if you can recognise anybody in the photo, you would need a model release to do just about anything with it. Some exceptions are in a private portfolio(for example a portfolio that you would show perspective clients or a password protected online gallery) or for a newspaper.
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April M. Shepard |
You are correct brenden. Stephanie anytime you wish to use a photo to be published you MUST have the person or people in that phtotograph sign a release. Try this for example : I,________, consent to be photographed on______by________while__________. I Further authorize that the photographs may be published for any purpose in any form. Signature_________Date_____ Adress_________City____Zip_______ Phone________ If minor, signature of parent/guardian___________
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April M. Shepard |
I forgot to mention something. If you are worried about who has the rights to the photos you were paid to take then, you do to the extent of your own use. Everything still applies if you wish to advertise or have them publised you NEED a release. But keep in mind that you can at anytime sell the rights of one of your photographs. A release is needed for that as well. When selling the right to one of your photos be sure to charge for your time, expenses, and how much you feel that photo is worth. Some have been able to se1l one photograph up $3000.00. Thats all up to you. Once you sell the rights away though you have no controll over what that person does with it. Hope that helps you with your qustion. April S.
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Mark Feldstein |
To publish any photo or likeness of a recognizable individual you need their express permission via a model or some other kind of formal release. Not withstanding whether you were paid to take the photos or not. Under the copyright act of 1978 and its amendments, http://www.copyright.gov (you need the visual arts registration forms and info), the work is copyrighted when it's created and fixed in any tangible means of reproduction. BUT you can't file an action for infringement unless it's first registered with the copyright office in a timely manner. April's release is nice, but fails to mention "consideration" which is a contract buster. Find general release forms in form books for photographers or around the net. My stock agency, gettyimages.com I think has some downloadable pdf release forms for portraits or property. Take a look. You would also greatly benefit from a written contract with your subjects signed before you shoot to avoid any misunderstandings later on about things like rights, usage, who uses which for what, etc. I strongly recommend that you read up on business practices as they apply to photographers. (http://www.asmp.org) has some excellent publications available. And, once you sell the rights of usage (and there are all kinds of usages that you can specify in a written contract), you DO control the use. All you need to do is enforce your rights. And Brendan, you're getting much more knowledgable, but newspapers still require a release unless it's clearly a newsworthy event or the public has a right to know...and even then the news exception to releases is being severely eroded in many many states. :<(
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Brendan Knell |
"And Brendan, you're getting much more knowledgable, but newspapers still require a release unless it's clearly a newsworthy event or the public has a right to know...and even then the news exception to releases is being severely eroded in many many states. :<(" Thanks for the complement Mark, and sorry for the bad info Stephanie.
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