can someone clear this up for me

A

as-i-said

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argument on another forum
if someone takes a picture of you, who has the rights to the photo/ image
thanks
(I was under the impression it was the person the shot was of, not the photographer)
 
The photographer. Unless the person having the shot taken and the photographer have agreed in advance that the rights will be with the subject and the fee etc agreed.

The photographer owns the camera and the skills to use it, the subject could be anyone.

If the photographer works for a company whose contract states that any images taken whilst in their employ are the property of the company then this is different.

Not a legal ruling, just my understanding :)
 
Slightly tricky...

The photographer has the copyright but (in theory) needs a model release if the image is to be used for commercial purposes. AFAIK, the model (or subject) has absolutely NO rights over an image.
 
yeah i think its the photographer

but with certain famous people i dont think you can do anything with the photo unless you have a model release (someone correct me if i'm wrong)
 
The photographer.

He/she is the one creating the image with his/her skill and equipment. Unless the subject pays the photographer for the rights on top of the normal shooting fees.
 
The photographer has the copyright.... if its a photo taken on behalf of someone this changes to the paying customer but if its a candid shot its definately the photographer (who gets sued) but wins
 
badgerbaiter said:
yeah i think its the photographer

but with certain famous people i dont think you can do anything with the photo unless you have a model release (someone correct me if i'm wrong)
Click to expand...


You can use it for Editorial without a property (think newspapers/magazines) release but not for Commercial use.
 
Kerioak said:
You can use it for Editorial without a property (think newspapers/magazines) release but not for Commercial use.
Click to expand...



Can be used almost anything so long as royalties are paid for any money gained
 
badgerbaiter said:
yeah i think its the photographer

but with certain famous people i dont think you can do anything with the photo unless you have a model release (someone correct me if i'm wrong)
Click to expand...
Nope... no such thing as a 'famousness' rating whereby beyond which you are not entitled to take photos of someone...! If someone is in public, then no matter how famous they aren't then they too are fair game.
 
Splitting hairs here but in the UK you don't need a model release for commercial use. Not having one will seriously restrict commercial use because that's often an international market.
 
It's the creator of the image that actually owns the copyright / rights (Unless these have been signed over to a third party by previous contract / commision / assignment / employment terms etc etc).

However, you're all missing the most important point here....






....ANOTHER forum? :suspect: :bat:
 
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