Retail or service? Rights applied to photos

Not too long ago, I photographed a local fashion show event. I was not

contracted to do it, but the opportunity presented itself and I started taking

photos. During the event, the models posed and I snapped away. After the event

was over, the fashion models posed for a group photo. I handed out a few

business cards to let people know that I?m available for any future events and

left.

 

Soon after the show, one of the models approached me and wanted a photo

package. What are the rights that apply to this photo package? Is this

considered a retail sale or a photography service?

Note: These are not professional models and more than likely, the photos will

end up in a photo album or on someone?s mantle.

Sharing what state you're in may help...

Tax questions should be worked out with a tax professional. "Photo" rights would evolve from your contract agreements. Assuming there are no other rights issues (it would be odd that the clothing would be shown publicly and then publication not desired or some kind of contract agreements between the models and designers or organizers), then while you would likely own the copyright and could assign/contol reproduction terms, the models would also have the ability to control the use of their own image, consistent with local (state) laws, so you'd need releases for commercial use (typically promotional use). If you don't establish some kind of terms and provide them along with the images, you may have trouble in the practical sense controlling further copying.

Micheal, the state is South Carolina.

 

Craig, the event was local with no special clothing designer and the model(s) furnished their own attire. If some arrangement was made with a local clothing store to model it's clothing, it was not mentioned during the event. Thanks for clarifying the copyright/reproduction issues.

 

Thanks for your responses

Copyright is federal law and states have no jurisdiction over this. Under federal copyright law, the copyright of the image belongs to the photographer who creates it unless the photographer has signed a work-for-hire agreement with someone paying him to create the image. Being able to publish the image is another question -- you need a model release from the model, and there can be other intellectual property rights involved. The "local clothing store" more than likely is only selling clothing designed and marketed by some other company had likely has no authority over any rights involved. (Copyright of fashion designs is an issue currently under debate in Congress.) But I'm not a lawyer. And with all that said, retail product vs. service has nothing to do with copyright. That's a tax question and does vary by state, so talk to your accountant.