Rights to images, sharing picture in portfolio, etc.

<p>Can someone help me understand a few things in regards to picture rights as the photographer?<br>

1) The photographer owns the rights to the images they take, correct? (And what do these rights include?)<br>

2) Does the photographer have to get permission from the model (or parent if shooting kids) to use the images on websites, flickr, Facebook, portfolio, etc?<br>

3) What type of precautions should I implement on sites like Flickr when I'm sharing photos to make sure that other photographers do not steal and use my photographs?<br>

4) What if an organization wants to use a photograph that I took? They have to ask permission right? Would I get royalties if they used the image on something that the organization was selling?<br>

Thanks for any help understanding this!</p>

<p>Chris,<br>

1. As soon as you take any image you own the copyright to that image.<br>

2. Yes. In writing, verbal doesn't count. There are separate model releases for adults and minors. Search PNet for "model release" for more info.<br>

3. I'm not a member of Flickr, but I think you can restrict who can see your photos. Check Flickr's website.<br>

4. They do have to ask permission. Again, verbal doesn't count and fees are negotiable. Search PNet for "licensing" for more info.</p>

<p>Thanks Bill. And I want my images viewable to anyone on flickr, I just don't people to be able to take and use my images without me knowing about it. </p>

<p>Chris, make sure you DO NOT select "Creative Commons" as your copyright when you post to flikr. As far as preventing theft on the 'net, it's impossible. Anyone who can view your pictures can steal them, one way or another.<br>

If you are concerned about theft, don't post on the 'net.</p>

<p><Chas><br /></p>

<p>Place your copyright over the images on Flickr.</p>

<p><em>2. Yes. In writing, verbal doesn't count. There are separate model releases for adults and minors. </em></p>

<p>This is incorrect. One can be liable for using another's likeness for advertising/endorsements/promotion without permission. The name for improper commercial use like this is usually called misappropriation. One can also be liable if the picture of others is used to portray them in a false light, the image was captured by intruding upon someone where they have a reasonable expectation of privacy and if an image discloses certain types of private facts. Other uses are "editorial" and may be displayed without permission. If Bill's version were correct, those sites you mention probably wouldn't even be able to survive. This site would be severely limited as well. The entire photographic industry would be different.</p>

<p><em>4. They do have to ask permission. Again, verbal doesn't count and fees are negotiable. </em><br /><em></em><em></em><br />The first sentence is correct. The second sentence is partially correct in that fees are negotiable. This assumes, however, that one intends to charge a fee for someone else to use the image. The part about verbal permission not counting is incorrect. You can grant permission for others to use you image verbally (It would be absurd if you couldn't). A writing is useful as proof and evidence showing what use someone else is actually granted. A writing usually comes in the form of a contract. A writing IS needed in certain copyright formation scenerios but this question is about licensing (permission to use) not copyright formation.</p>

<p>Unfortunately legal issues are often answered incorrectly in internet forums. There are some good books discussing photograpghy business matters. Its a good idea to get one as you will tend to get more reliable information.</p>

<p>1. (In the US) Yes, assuming there are no "work for hire" employment or contract considerations. The owner of copyright has the exclusive rights to do and to authorize a number of things. These can be found in the copyright laws and at the Library of Congress copyright website. There are some "fair use" provisions which allow others to use copyrighted material under some conditions.</p>

<p>http://www.copyright.gov/title17/</p>

 

<p>Can I get a clarification on PNet from Bill? I googled it but wasn't sure what I was lookinf for. I'm interested in looking up more information on this subject also.</p>

<P>Can I get a clarification on PNet from Bill? I googled it but wasn't sure what I was lookinf for. I'm interested in looking up more information on this subject also.</P>

<blockquote>

<p>What type of precautions should I implement on sites like Flickr when I'm sharing photos to make sure that other photographers do not steal and use my photographs?</p>

</blockquote>

<p>What kind of use are you expecting? Do the photos have commercial value? I protect my photos that have commercial value since I sell them, but otherwise, I'd rather have them out there than not, or covered by a copyright notice when there is no commercial value.</p>

<p>Jake:<br /><br />PNet=this site, photo.net </p>

<p>

<p>John, When I answered Chris' second question my assumption was, and is, that there is a commercial relationship between Chris and his subjects due to his using the word "model". I'm assuming the model was paid by Chris or that Chris was paid to photograph the model, whether adult or children. To me a commercial relationship should be in writing for the protection of both parties. When Chris stated his intended use of the images I assume he means to promote his photography which would be commercial use of the images and my recommendation he obtain written model releases.</p>

<p>My response to Chris' fourth question, and specifically the suggestion he grant permission only in writing, stems again not only from the idea that a commercial transaction should be in writing, but also the many posts here on PNet where someone will write-in that they thought they had an agreement and now there is a misunderstanding and by the way nothing was in writing so what should I do now.</p>

<p>I agree with you wholeheartedly John that the Internet is no place to receive legal advise and that perhaps the best advise to give here is to take your questions to a knowledgeable attorney.</p>

</p>

<p>Bill, the added criteria is much more useful. Thanks for the update.</p>