Expert: Don Wood - 2/13/2003

Question
Hi,

Someone models for me. This person is not a professional. Who owns the photographs? And am I free to do whatever I want with them? sell them? post them on the web?

Thank you.

Answer
This is a tricky question. A lot depends upon the ultimate use of the pictures, whether in editorial or in commercial usage. The person who takes the picture is generally regarded as the owner of the pictures. That is not to say that you can't give or sell the pictures to the customer, but you would still have the copyright on the picture, ie they would not have the right to copy that picture and sell it or make copies of that picture. Some try to get by cheaply by copying the preview pix and cheating the shooter out of his just profits.
The same goes with posting to the web, if the person is identifiable and possibly doing something they might not want people to know they were there instead of somewhere else, you've got a problem.
If the usage has a commercial purpose, then the models must be acknowledged with reasonable compensation and limitations placed on the usage of the pics whether 1-time use, multiple uses, multiple markets in different countries.
There is always the problem of photographing someone in the nude or semi-nude and using the pix in a derogatory manner, embarassing the person in which case you would be liable.
If you have questionable pix you might want to consult legal counsel to determine the ultimate ownership.
In my wedding photography business, I tell the prospective customers that their wedding pix might be used in a sample album to display to prospects. If I used them in an ad in the newspaper, on cards, etc I would have to compensate them for the privilege. They could withold consent legally.
Ex. you take pix of some friends at the ballpark duing the afternoon, and somehow their employer who thinks they are sick sees the pix, this could be a problem.
Ex. you've taken steamy or slightly steamy pix of a person of the opposite sex, after they've thought about it or broken up with you, you might have a problem.
Whether the person is a professional or not is irrelevant in the law, it's the end use of the pix that counts.
Hope I've helped.
Don