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Digital Photograph ownership

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fandogs

Junior Member
What is the name of your state? Pennsylvania.

I am a professional photographer. I take only digital images. I create portraits, and sell them to customers. Most of my pictures are of animals.
Occasionally I reproduce some of these images onto brochures, sometimes onto sample products, and sometimes actual products for re-sale.
I have never had a problem with it until today. Today, I was told that because this particular customer didn't sign a release, I shouldn't have used her (dogs) image on some products for resale. She was insensed and said she had already spoken to an attorney to get a cease and desist order. I took all items using her images off the shelf immediately.

I was under the impression that a digital image which has no negative, cannot be "legally" owned,. And that either one of us has the right to its use.

When a signed photo of mine is going to be published in a magazine, often the magazine will ask the customer placing the ad, for a release from me... Which in my mind, says... I own it!
So which is correct? Who owns the images I take??What is the name of your state?
 


quincy

Senior Member
When you, as a photographer, take a picture, you own the copyright to the photo. You legally own that photo. This is the same whether it is a digital image or not. The fact that digital photos are often stolen does not make it any less an infringement on a copyright when it is.

Generally, a photographer can take a photo of anyone or anything in a public place with no problem. These photos, however, cannot be used freely if the photos contain images of people, or of copyrighted or trademarked items, etc. In order for a photographer to be able to use such an image, he must obtain either a release or a license. The license should spell out under what conditions the photographer may use this image - can it be used commercially, for instance. Sometimes a photographer may need a release to even take a photo - releases are often used by models so that a photographer can take their photo, for instance, or releases may be necessary in order to take photos of a particular building or inside a store.

If this woman signed a release for you to photograph her dogs, you own the copyright to the photos for reprint purposes and she owns a copy or copies of the photos she purchased. She is only allowed the right to those copies she purchased, though. She does not own the copyright, and she cannot duplicate the photos or use them for a commercial purpose without permission from you. Likewise, to use the image of her dogs for any other purpose than the one she signed the release for, you would need to obtain a license from her. I have not heard of a case involving dogs before (most photographers are free to take photos of animals without the need for releases or licenses), but if you are using her "property" for commercial purposes, a license should be obtained. Think wedding photos, for instance. A couple may hire a photographer to take their photos. They may purchase copies of his photos. He retains the copyright to the pictures, but he is not free to put this couple's photo on the cover of BRIDE magazine without a special release or license from them.

In order to protect digital images, by the way, you can have a digital signature, watermark or copyright symbols added to the photos. Also, displaying photos as a slide show makes it harder for someone to steal your images.
 

fandogs

Junior Member
Thank you Quincey,
I appreciate your clarification.. and I understand.
In the five years I have been doing portraits at dog shows, I haven't bothered with releases... and to this day, she is the only one that has been a problem.
As of the next day, I printed up releases, which everyone is signing, to permit me use of their images wether for advertising, promotion or re-sale.. And NO ONE has given me any flack!
Thanks again..
I will follow the letter of the law.
Maxine
 

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