Who own the copyright and why?

Started May 9, 2013 | Discussions thread
(unknown member) Veteran Member • Posts: 3,348
Re: Using the images to promote his business is commercial use

Greenville wrote:

Fave Photog wrote:

Kodachrome200 wrote:

CosmoZooo wrote:

Here's a situation I'd like to understand.

I hire someone to come in and take pictures of my family. That someone may do it for free or get paid. No terms are discussed before or after.

That someone takes photos, edits them and gives them to me. That someone then tells me that I can't post the photos on say Facebook unless I put that person's name on them, because otherwise I violate the copyright.

Moreover the photographer is using the photos on their own site as part of their portfolio without any permission from me.

I thought that photos are mine but my research on the copyright law and photography suggests that unless there was an actual contract that I will be the owner of the copyright - the photographer indeed owns the copyright.

Is this really TRUE?

why on earth would they belong to you. you didnt make them. however the photographer needs your permission to use your likeness

...he/she uses them for commercial purpose, as in selling them, etc.  Posting them on FB to promote his/her photography may fall under 'commercial use'...best to contact a lawyer who specializes in copyright law.

Absent a written contact that specifically limits such promotional use, might tend to favor the owner of the images.

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The Five 'Ps' of Photography:
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Using the images to promote his business would be no different that selling the images for another company to use for promotional purposes. Unless the photographer has a signed model release he owns the copyright but he can't do anything commercial with the images, including promoting his business.

Not necessarily - editorial use is usually exempt so he could use them to say illustrate a story in a newspaper about him.

That aside, no professional photographer worthy of the title would accept a job without signed T&C's which will include the rights to which you refer in so far as promoting his own business is concerned.

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