Selling Images

[lgphotography]

<p>Hopefully I didn't miss a post/question on a similar situation i'm having but wanted to ask the community.<br>

Parties involved:<br>

Photographer - Me :) <br>

Local Business - My client<br>

Local Businesses Clients - Models in the shoots<br>

I did some free work (about 70 hours with editing) for a local business to produce a calendar. I knew they were selling the calendar, and i was fine with that. I didn't know they were going to make other Etsy items with the photos....still i'm okay at this point (i think i can hear some of you reading this exploding.) I didn't ask for any money.....<br>

They did cover themselves in getting a signed release with their clients to take the images, and i believe to sell the images. I have not seen any of the paperwork so i'm going to just assume since they're an established business and probably know a little more than me when it comes to the business part. <br>

Now...several of those images i have shown to a few people around town and have probably about 30 people wanting the images printed for them...obviously for a cost. If i print these out with cost equalling my wedding clients I'm probably going to make about $1500.<br>

I have no paperwork on the models, no release, i didn't sign a release with the local business for rights, i didn't pay them any money to do the shoot, they did not pay me for shoot. Do i have any leg to stand on selling these images to other people that want the image for themselves? Am i entitled to the entire profit, do i have to notify anyone that i'm doing this? The images sold would say that they are for personal use and not to be published.<br>

I think i've learned my lesson on not having paperwork drawn. :-/<br>

Thank you<br>

L<br>

. </p>

<p> </p>

[nathansanborn]

<p>Depends on where you're at. You took the pictures, you own the copyright unless you transfer that right to another party. Without a release you can still sell the pictures, just not for commercial use (advertising).</p>

<p>If it were one of your wedding clients, and you didn't have a model release, and the brides grandmother wanted to buy a picture direct from you, could you sell it? Legally these scenarios are not really any different.</p>

[john_h.1]

Nathan is mostly correct. You can sell and licence images you own all you want unless the is a conflicting contract such as

an exlusivity arrangement with a prior licensee. The displayer or publisher is the one that needs to worry about releases if

applicable to the type of use i.e. promotional advertisement. Not the photographer or owner unless they are the publishing party.

[lgphotography]

<p>Thank you guys for the responses….it makes me feel better even after not being smart enough to draw up documents, i still come up on top. Forgot to mention a possible snafu in the question. The places that i shot were inside private commercial buildings. A newspaper office, Johnny Rockets Burger restaurant, a tattoo parlor. Would any of that make a difference? We obviously had permission to shoot at the locations, with light setups but I think the clients walked in and asked…we're shooting a calendar, can we shoot in here? </p>

[lgphotography]

<p>@John…since i didn't sign anything with the client, it would be illegal for the client to have on their paperwork that "we" own the rights and "we"can do anything with the images…right? I love the clients and in no way want to create any issues about this, but if i can make some money from the job on my end that would just be great. I've been told they've already made close to $7k off the images. </p>

[john_h.1]

<blockquote>

<p>since i didn't sign anything with the client, it would be illegal for the client to have on their paperwork that "we" own the rights and "we"can do anything with the images…right</p>

</blockquote>

<p>Can somebody acquire ownership of other people's property merely by writing that they own it on a piece of paper?</p>

<p>No.</p>

[lgphotography]

<p>Thank you everyone! I do feel a lot better about the situation. :) </p>