alejandrokeller Posted November 8, 2005 Share Posted November 8, 2005 The complete question is: <b>do you need a model release contract to post pictures of "friends" in PN?</b> Some months ago a friend of mine asked me to take some pictures of her. I did it and never asked for something in return. I even gave her some free prints. At that time she agreed on me posting her images in PN, but today she had a sort of crisis and asked me to remove her pictures (in a very unfrendly way). I did it but now I wonder what the legal status of those pictures is. Other than the prints I gave her, they do not belong to her because I never sold them. On the other hand, I know I might get in trouble if I try to make some money with them. But, is there any legal issue that would prevent me from showing them to the public? more specifically, am I alowed to post them on PN without her conscent?</p> <p>In case you are wondering, they are very normal portraits, not nude pictures, and she is even looking-at/posing-for the camera.</p> <p>I just hate to think that I will have to update the content of my (non-profit) PF based on the mood of the model. Link to comment Share on other sites More sharing options...
alejandrokeller Posted November 8, 2005 Author Share Posted November 8, 2005 this is one of the images in question... Link to comment Share on other sites More sharing options...
alejandrokeller Posted November 8, 2005 Author Share Posted November 8, 2005 sorry, here it is with "protected identity":</p><img src="http://www.kellerperez.org/stuff/brazos-estirados-4-censurad.jpg" > Link to comment Share on other sites More sharing options...
art_haykin Posted November 8, 2005 Share Posted November 8, 2005 You may display ANY of your images on a site such as this with impunity so long as you do not attempt to profit from them. BTW, a verbal agreement isn't worth the paper it's written on. Link to comment Share on other sites More sharing options...
edward_vargas1 Posted November 9, 2005 Share Posted November 9, 2005 Hi, If the photograph is used for editoral use you are ok, for commerical use you definitely need one. If possible always get a model's release, full or limited. You can buy model's release at some camera stores. Visit Photo Source International at http://www.photosource.com Their website covers issues as yours. Good Luck Link to comment Share on other sites More sharing options...
alejandrokeller Posted November 9, 2005 Author Share Posted November 9, 2005 Thanks Edward, thanks Art. From now on, I will always use a model release contract to be on the safe side.</p><p>What kind of use is PN anyway? Editorial? Commercial? Art? Furthermore, at the momment I do not have plans for getting money from my photographs. Does that makes any difference? Link to comment Share on other sites More sharing options...
mikael_karlsson Posted November 9, 2005 Share Posted November 9, 2005 Alejandro: Very simplified, this is the differences between editorial and commercial usage. Editorial - inside use in magazine, newspaper, newsletter, book etc but not in ads. Commercial - when the image is used to promote or sell a product or service. Like in ads. If the photographer gets paid/profits doesn't really come into play for defining the usage. Hope that helps. Link to comment Share on other sites More sharing options...
alejandrokeller Posted November 10, 2005 Author Share Posted November 10, 2005 Mikael: it does help in the sense that I now know that it is impossible to find an easy answer ;-)</p> <p> Legal issues just suck... photography seemed such fun before that (of course, that will not prevent me from taking/posting pictures).</p><p>Just being courious: Does anybody knows if she is entitled of using those pictures without my conscent to promote herself as a model? (which she is already doing) Link to comment Share on other sites More sharing options...
mikael_karlsson Posted November 11, 2005 Share Posted November 11, 2005 Alejandro: Your latest question is easier to give an answer to. No, she can't use the images (at least legally) without your permission. The photographer always own the copyright unless it has been specifically signed away in a contract. Link to comment Share on other sites More sharing options...
alejandrokeller Posted November 11, 2005 Author Share Posted November 11, 2005 Thanks Mikael, at least I am learning something out of this situation. Link to comment Share on other sites More sharing options...
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