Legal Stuff Help!

[car.chic]

I'm doing some photos tonight for someones birthday (this work is paid) and I was wondering who holds the right to the photos?

If I want to put them onto the web or into a portfolio, do I have to ask the clients permission or can I do this anyway as I took the photos?

Also just another quick one re. photography can you take pictures of random people or do you have to ask their permission to take pictures? You may see why I'm asking this later!

Thanks in advance!

[andy-xr]

You own the copyright as the photographer, assuming there isnt exclusivity.

There's generally no problem snapping random people, although if you've got them in a compromising situation or pose then you might want to check they're happy with you publishing them. Some people just dont like having their photo taken and it's best to respect their wishes

Edited by andy-xr on Saturday 4th April 18:29

[mikee boy]

On the last point, I believe you can take photos of people in public places (like a road, park etc) but not in a private place (like a bedroom). You can't shoot from a public to a private place (like shooting through a window).

If somebody asks you not to take their photo then you should stop, unless it's the former Boss of RBS, and then it's game on.

I don't know about the contract stuff, somebody else will on here.

[L4MBOLUV3R]

make up a little contract saying they will sign over the right to the photos to you and how you have access to use them how you feel fit.

[Dogsey]

L4MBOLUV3R said:

make up a little contract saying they will sign over the right to the photos to you and how you have access to use them how you feel fit.

No need, copyright of an image always lies with the photographer unless you have signed them away.

[L4MBOLUV3R]

Dogsey said:

L4MBOLUV3R said:

make up a little contract saying they will sign over the right to the photos to you and how you have access to use them how you feel fit.

No need, copyright of an image always lies with the photographer unless you have signed them away.

wouldnt it be worth getting done anways? i know you have to get it done for models (release forms)

[andy-xr]

I never have with the models I've worked with. Thats more if you're selling them on, and I dont really have that problem at the moment

Fairly standard wording from an example one:

"Use of the images maybe granted to a third party however the images will remain the property of the photographer"

[car.chic]

Thankyou all

[mrmr96]

car.chic said:

Also just another quick one re. photography can you take pictures of random people or do you have to ask their permission to take pictures? You may see why I'm asking this later!

C'mon then! Let's see 'em.

[SamHH]

Dogsey said:

L4MBOLUV3R said:

make up a little contract saying they will sign over the right to the photos to you and how you have access to use them how you feel fit.

No need, copyright of an image always lies with the photographer unless you have signed them away.

Note that holding the copyright to a photo you've taken doesn't mean it was legal to take that photo in the first place, nor does it mean that it is legal to use that photo in any way you wish. Model release forms, which can be independent of any contract you may have with the model or any other person, are about making it possible to use a photo in a way that you might otherwise not have been able to, even if you hold the copyright to that photo.

Edited by SamHH on Sunday 5th April 12:59

[car.chic]

mrmr96 said:

car.chic said:

Also just another quick one re. photography can you take pictures of random people or do you have to ask their permission to take pictures? You may see why I'm asking this later!

C'mon then! Let's see 'em.

Oh I haven't done the shoot yet, should be doing it over easter wanted to make sure I wasn't doing anything illegal first!

[awager]

car.chic said:

I'm doing some photos tonight for someones birthday (this work is paid) and I was wondering who holds the right to the photos?

If I want to put them onto the web or into a portfolio, do I have to ask the clients permission or can I do this anyway as I took the photos?

Also just another quick one re. photography can you take pictures of random people or do you have to ask their permission to take pictures? You may see why I'm asking this later!

Thanks in advance!

What exactly are the circumstances?
This could come under section 85 of the copyright act (private and domestic commission)
that being the case then you need permission (normally in the t&c's of wedding and portrait photographers) to exhibit/display etc.
Section quoted under this......

For the random people. Yes you can. There is no requirement to ask permission. If it is on private property then the owners of the property can tell you not to take pictures, if you continue to do so then it would be trespass.
If the venue is aware of you taking the pictures and allows it then there are no problems.
Posting the pictures is also legal and the only comeback anyone could have would be under libel or defamation laws.

Section 85 of the copyright act
Right to privacy of certain photographs and films

(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have-

(a) copies of the work issued to the public,

(b) the work exhibited or shown in public, or

(c) the work broadcast or included in a cable programme service;

and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.

(2) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—

(a) section 31 (incidental inclusion of work in an artistic work, film, broadcast or cable programme);

(b) section 45 (parliamentary and judicial proceedings);

(c) section 46 (Royal Commissions and statutory inquiries);

(d) section 50 (acts done under statutory authority);

(e) section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).

[stigmundfreud]

Dogsey said:

L4MBOLUV3R said:

make up a little contract saying they will sign over the right to the photos to you and how you have access to use them how you feel fit.

No need, copyright of an image always lies with the photographer unless you have signed them away.

exactly but here is a question which I have to ask...

Last night I was chatting to a girl I was shooting, she is currently on a photography degree course and the tutuors are saying model release forms are a legal requirement. Apparantly if you take a shot and the persons face is the prominent feature in the shot or they are the only identifiable individual you legally require a release form. Bullst I call but thats what is being taught. Again I've scoured the web for UK relevant comments, nothing. No requirement as you have no right to image in a public place etc.

So what is the actual truth? Of course I asked her to explain how paps operate...

[DHA]

stigmundfreud said:

exactly but here is a question which I have to ask...

Last night I was chatting to a girl I was shooting, she is currently on a photography degree course and the tutuors are saying model release forms are a legal requirement. Apparantly if you take a shot and the persons face is the prominent feature in the shot or they are the only identifiable individual you legally require a release form. Bullst I call but thats what is being taught. Again I've scoured the web for UK relevant comments, nothing. No requirement as you have no right to image in a public place etc.

So what is the actual truth? Of course I asked her to explain how paps operate...

Another Americanism being taught over here? I think that is what applies in the US, but in the UK there doesn't seem to be much on the net about it - so I assume it doesn't apply over here?

[stigmundfreud]

which is the depressing thing. Yes I could use a release to just cover my arse but until a day where it is a legally binding document I wont. Its also a shame that if it isnt a requirement that students are yet again being mistaught.

I work in a sector that is absolutely flooded with middle management direct from University and it is a worrying sign when they simply have not a clue. MAybe here I have no clue hence the question

[Simpo Two]

It's seems bizarre to pay somebody to take photos of your party if the guests won't let you photograph them! Is there a celeb involved?

If somebody doesn't want to be photographed, they will tell you or put their hand up. I'd get on with the job and not worry too much.

I say in my T&Cs that selected images may be used on my website - and of course if anybody says 'no' then I wouldn't use them. I've only had one example of this - an officer in the French Special Forces who wanted to remain anonymous. Pity because he had a lot of medals!