Photographer's Opinon on Photography Contract?

Well, well, if she got the copyright, then she is open to using the image for whatever she want with it. But you are right, She will need you guys model release and that she do not have. Do know that, a contract only valid for what's stated, and since your contract ask for a service to be rendered ( which she had fulfill, whether satisfactory is beyond this discussion ) and she delivers.

I think you've mix up the idea of copyright vs that of the contract. In fact in a grossly simplified manner, the copyright is not even in the contract ( other than your stated fact that she retain it all ). The contract is for the assignment, and the image materil ( the print ) thus require to be delivered.

In fact its very common for commercial photographer to use their real work / assignment photos for their own promotion in business. But pretty much all of them do put that term into the contract noting it to the customer and alerting them to that beforehand / politely ask for endorsement if not downright approval, and usually they credit the client for their cameo appearance.

What I would say is your said photographer , while having the right to exercise her copyright over the image, is perhaps not acting in the best of etiquette. Nd not letting you know of this in advance ( before even signing the contract that is ) can lead to all kind of issue. At the very least the model release.

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- Franka -