Client care: Photography licensing question Locked

Started 11 months ago | Discussions thread
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Michael Fryd
Michael Fryd Forum Pro • Posts: 15,932
Re: Client care: Photography licensing question

thinkinginimages wrote:

Steve BB wrote:

...

The interior decorator did not provide the clients with images?

Technically, you're out of the picture (no pun intended). The home owner didn't hire you. They need to contact the interior decorator for copies/access. Or - the interior decorator has to authorize you, on paper, to release limited rights copies.

There's a wonky work around but it's tricky. The home owner hires you to photography the property for insurance purposes. That's legit. The value of the home has increased - capital improvement.

I don't know what is in your agreement with the interior decorator.

In the USA, without a written transfer of copyright, the photographer, not the client, is generally the copyright holder.

If I understand the OP's situation, he is the copyright holder, and has granted his client (the designer) a limited license to use the images.  The license is not transferable, and does not allow the designer to provide the homeowner with images.

If that's the situation, then the designer does not have the legal right to provide the homeowner with images.  If the homeowner wants images, someone would need to negotiate with the photographer for the appropriate rights.

Now if the agreement with the interior decorator provided the decorator with exclusive use of the images, then he would also need to give permission.

.

I am curious as to what the license to the designer actually says.   If the designer is allowed to use the images to promote the designer's business, then he can "promote" his business by using these images to advertise to the homeowner.    If the designer is allowed to make prints, he can make prints for the homeowner.  If the client is allowed to use the files for electronic or web promotion, he can target the homeowner.   I would be very curious to see a license that allows the designer reasonable use of the images, but doesn't allow the designer to use those images to market to the homeowner.

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