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General discussion

Photographer vs Subject - who is the owner

May 22, 2005 10:37AM PDT

I had a recent discussion with a co-worker who is getting married and had his portrait done. Being that I am also a photographer, I was curious after our discussion:

Who "owns" the photographs?
What I told him was that the photographer "owns" them and they are copyrighted to that photographer. He says no he PAID for the photos and they are his. There is no doubt in my mind that whoever the photographer was - they own the originals and the copyright to any reproduction thereof.
Please confirm or deny this?

Second part of our discussion and I have no factual basis for my arguments... He says that because he paid for the services that the photographer cannot publicly display his (my co-worker's) results (photos). I disagree. It is my belief that the photographer has fair-use as the copyright owner to display said photographs as part of a portfolio however reproductions cannot be sold for profit without a model release.
Can anyone clarify the issue for me? As I am very interested in pursuing professional photography.

Thanks
- Acts7

Discussion is locked

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Take a gander at the baby photo business.
May 22, 2005 4:17PM PDT

They own the photo. They give you prints only. You want more prints, you order them from them.

Of course everything is negotiable.

Bob

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The photographer owns the copyright on the image unless
May 22, 2005 11:55PM PDT

he/she agreed to give you the rights to it. Copying it can cost $250,000 per picture for violating the copyright.

The photographer can display the photo as 'news'. This is what happened. You are correct that the photographer cannot incorporate it into a commercial product without a release.

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Who is the owner
May 23, 2005 12:16AM PDT

Don't listen to a jail house lawyer.

If you are interested in pursuing professional photography, you should get the advice of a lawyer.

......................................................

It would seem that if this subject ever came up, it is because the photographer did not inform the customer before hand.

Wouldn't ownership be part of the contract?

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What about display on a website...
May 25, 2005 1:45PM PDT

Can the photographer display the photos on the website as part of their portfolio without having to get permission? Sure the safe bet is to ask. But if its like... here's all the work Ive done (or the highlights)... are you obgliated to get permission? just for display purposes... not selling the prints

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If it's of "private people" ie non public figures...
May 25, 2005 9:14PM PDT

Then you need the release.

Your basic "How to do business in photography" book or course that you read or took should have covered this. You can even have the release as part of their receipt for the work you did.

"The fine print."

Bob