Starting a business specializing in portraiture

Started 11 months ago | Discussions thread
senduran
Junior MemberPosts: 41
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Re: Starting a business specializing in portraiture
In reply to Graham Snook, 11 months ago

Graham Snook wrote:

senduran wrote:

In the UK you can use photos of people for commercial gain without their permission.

Sorry this is incorrect. You can sell the images for editorial use, but not use a person's identity to advertise or promote a product or use their identity in a derogatory manner without their permission.

No, I was correct. I was talking about commercial use. There is no law under which you could charge me if I used your image in an advert.

Imagine I was a vegan and you took my photograph in a public place and used my identity to sell steak, or my child had been killed by a drunk driver and you were to use my identity to promote alcohol both without my permission or consent.

I, as an individual, have the right for my identity not to be used in a derogatory manner. You can't for example take my photograph on the street then use it in a publication to illustrate an article about sex offenders.

You could, however, sue me for deformation of character or similar, if I used it in the ways you suggested.

Obviously a professional photographer working on an advert wouldn't take any kinds of risks and would use professional models with release and contracts signed.

But this is a world away from what the OP needs to know. Portfolio use - even a portfolio on his website that advertises his business - would be perfectly fine with nothing signed, as long as he wasn't hired to take those shots. If he was hired, then he can just have something in his contract that gives him permission and then he can use all his photos on his websites.

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