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Photography

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wolfetundra

Junior Member
California

I work with photography frequently. Most of the time I take my own photos. Sometimes people send me their photos. The end result, I edit the photos to match what I see in my head (an idea for the outcome) or what the "Client" wants. Most of the "work" I do is for individuals or couples in a "public" setting. However, I have an upcoming "wedding photo booth" event. Basically, it's a mock of the automated photo booths you find at the mall.

I am planning on making up a contract, but I need more information.

1) If I take the photo (with my equipment), who "owns" the photo?
2) If someone sends me a photo to "edit", who "owns" the edited work?
3) If a "Client" requests their images not to be displayed in my Gallery, do I have to follow that request? Or would it just be a courtesy on my part?
4) What are my rights as the photographer/editor of an image and what are their rights as the "Client" -- in both cases of the photo being taken by me and the photo being submitted by the Client.
 


quincy

Senior Member
Question Number One:
Generally, if you as photographer take photos with your equipment (or even with someone else's equipment), you would be the copyright holder of the photos that result. There are exceptions. If you are an employee and taking the photos are within the scope of your employment duties, your employer would own the copyrights to the photos absent any agreement to the contrary. If you were commissioned to take photographs and there is a written and signed agreement between you and the party who commissioned the work that states the photographs are works made for hire, the party who commissioned the photographs would own the copyrights in the photographs.

Question Number Two:
If someone sends you a photograph to edit, the person who took the photograph owns the copyright, absent any agreement to the contrary. You would be paid only for editing, but no rights to the photographs would be transferred to you.

Question Number Three:
If a client requests that their images are not displayed in your Gallery, you would be wise to honor their request. You own the copyright in the photos, but they own the publicity rights in their image. If your Gallery can be seen as advertising, you could be infringing on their rights by displaying their image. Having a contract with your clients, whereby they release rights to their image for display in your Gallery, would be wise and is advised.

Question Number Four:
Rights can be, and should be, spelled out in a written agreement signed by both you and the client. You can find sample agreements on some photography sites that offer legal tips. However, to ensure you are adequately protected from any legal disputes that may arise, and to make sure that all that needs to be addressed in the agreement is clearly addressed, easy to understand by both parties, and legally enforceable, it is safest to have any agreement drawn up or at least reviewed by an attorney in your area.

The above answers are very general answers to your questions and can vary with facts and circumstances. For answers that address your specific needs, you are best off having a personal review made by an attorney in your area.

Good luck with your photography booth, wolfetundra. It sounds like a great idea.
 
Last edited:

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