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USE OF IMAGES


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<p>I need to know where I stand, and find that I am unclear about what I can, and can't use my pictures for....<br>

I live in Kuwait, and along side my private family photo sessions etc I get quite a lot of event coverage for a UK based government organisation based here. Initially, they wanted me to run around each event and get model release forms from everyone as I took 'in the moment' images so that they could use them for their publicity. I basically refused as I couldn't do that AND take the pictures. So they came up with the idea of putting up a sign at the registration desk for each event stating clearly that participants would be subject to photography. So that sorted that out. The thing is, this organisation has said that I cannot use the images for my own publicity as I am a 'third party'. And of individual guests, I understand, but I asked permission to use my photos of the public guest speakers at the event (which was a 'by invitation only' event). Guests were taking pictures and have posted them, but I have been told that I am not allowed. <br>

Now, I don't want to fall out with this organisation, because I do enjoy working for them, and they give me quite a lot of work. More recently, I covered a concert for them. Bearing in mind what they said about not having permission of the guests / attendees to use their pictures, I actually contacted the artist's management company for permission to use the images. They have said yes, but have also asked for the images to use on their webpage. <br>

I am finding it all very confusing and more than a little frustrating. Where do I stand with picture usage? Any advice?...</p>

<p>Thank you in advance!</p>

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<p>This isn't a question of what you're allowed to do. Its a question really of what the "main" clients views and expectations are and what they will do if you go against their wishes. If their view is that they just don't want you to profit further from the arrangement with them, and think you should be content with the fees they are paying you to cover events, then you might well find, whether you're within your rights to sell elsewhere or not, your business with them just goes away. </p>

<p>What you are allowed to do is I'd suggest covered under Kuwaiti law and is not subject to some worldwide agreement that grants photographers the right to do whatever they want with images they have taken. There is a concept called "work for hire" which can mean that the rights in the images fall to the company commissioning them and denies the photographer the right to use the images they take unless specifically negotiated. Quite how that applies in Kuwait, and what arrangement you have reached implicitly or explicitly with the commissioning company, I can't say. So even if you decide that you are prepared to jeopardise the business, there is a legal hurdle to clear which you'd need to take good local advice upon. </p>

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  • 1 month later...

<p>To add complication, what is the result if a photographer takes some pictures that are not part of the work for hire?</p>

<p>To be more specific, one might be hired for a wedding ceremony, but not for the reception, and then get invited to attend the reception. Any reception pictures, then, are not part of the "work for hire".</p>

<p>On the other hand, a photographer might put into the contract certain additional rights. As far as I know, many contracts specifically allow using contracted images for promotional use. Whatever is in the contract is what applies.</p>

-- glen

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