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DPChallenge Forums >> Business of Photography >> Fees, Rights and other Pro Questions
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05/18/2011 02:25:32 PM · #1
I'm pretty clear about the rights of my using images when people don't pay for them (TFP). But what about paying clients? And more importantly, what about celebrities? If someone hires me for a portrait, can I use that image in a show, and can I sell it? Or is this one of those case-by-case issues?

I have everyone I shoot sign a model release (but I've only been doing gratis work so far).
05/18/2011 03:21:32 PM · #2
A lawyer once told me that lawyers have a standard answer to EVERY question they are asked: It all depends.

I'm neither a lawyer nor a professional photographer but I think for those of us who play at semi-professional photography, it all depends on the specific agreements (contracts or model releases) you have with the model. If a client hires you to take a picture, your contract with the client should spell out both what you can do with the images and what the client can do with the images. It's only when you don't have a good contract that you have to depend on the shifting sands of copyright and privacy laws.

~~DanW
05/18/2011 04:14:21 PM · #3
I find this book and this book to be very useful. Basically, you sell usage rights rather than the image itself.
05/18/2011 09:59:30 PM · #4
good advice from dan, and good book recommendations from chromey.

another good book is Bert Krages Legal Handbook for Photographers; you can read my review if you want the quick and dirty.

basically, your model release is a contract that spells out what you can and can't do. in the absence of a contract, you own the copyright and rights to your images; however, that doesn't mean that you can do just anything you want. the key to success is being on the same page as your clients - paying or otherwise - as to what you would like to do with the images. the last thing you want is to be in a situation where you take your client by surprise, using an image in a way they did not expect, and then having them come after you. even if you are in the right, you risk damaging your business.

as i've mentioned before, spend some time in the bookstore and online, reading good books and columns about the business of photography; you will get a lot better, in depth information there than you are going to get in any forums...
05/18/2011 10:23:21 PM · #5
The key to understanding what you can and can't do is to understand what rights are associated with an image of a person and who controls what.

Copyright covers the image itself. You as the photographer control the copyright. No one can use the image without your consent (i.e. a license, granted by you, the creator)

The likeness of the person in the image. Generally, a person owns the right to control commercial use of their likeness...this is what's covered under a model release. By signing, they "release" the use of their image for commercial use. For celebrities, their likeness is a large part of their value and they are unlikely to simply sign a blanket model release because they could end up with their image anywhere. It would be hard to be taken seriously as an actor if your face becomes the face of hemorrhoid cream. You should get one of those aforementioned books and understand what rights are contained in the images you create and also don't be afraid to negotiate for what you want with the understanding that in the absence of a specific agreement, you will hold the copyright, the subject will hold the right to their likeness and if there's a product in the shot, the company that makes the product will hold he rights to that likeness.

Yes, it's complicated and it gets worse if, God forbid, lawyers get involved after the fact.
05/18/2011 11:04:03 PM · #6
Originally posted by Spork99:

Yes, it's complicated and it gets worse if, God forbid, lawyers get involved after the fact.

a most quotable remark, well worth repeating
05/18/2011 11:41:52 PM · #7
Originally posted by Spork99:

Copyright covers the image itself. You as the photographer control the copyright. No one can use the image without your consent (i.e. a license, granted by you, the creator)

It's best to stay away from black and white statements.... There is work for hire in the US and there are different rules in non US jurisdictions.
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