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copyrights!?

This is a discussion on copyrights!? within the Business Talk forums, part of the Business Discussion category; so - i have to ask a question here on photographers ability to use images they took at a session ...

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copyrights!? - 03-06-2008, 02:04 PM


so - i have to ask a question here on photographers ability to use images they took at a session on their own websites - do you need to have the family sign a release allowing you to use the pictures to advertise your business OR do you just own the pictures and can do what you please with them?

I have been under the impression that if we TAKE the pictures we OWN the pictures and we can POST them on our websites for use to show off our work. on a local moms board there is a thread started from a mom who is mad that another photographer is using images of her son and wants to SUE because she never gave him permission....

so before anything like that happens to me, I just wanted to see what the "rule" was!

thanks!
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03-06-2008, 02:09 PM


In general, I believe it is legally ok to use photos to promote your own work... BUT I don't think its ethical to do it without asking permission.

I have a release that states I can use any images from the session that I ask them to sign at the end of the session... the same form is also used to get all their info so I can mail them their stuff when all is said and done.

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03-06-2008, 02:14 PM


Quote:
Originally Posted by js-photo
so - i have to ask a question here on photographers ability to use images they took at a session on their own websites - do you need to have the family sign a release allowing you to use the pictures to advertise your business OR do you just own the pictures and can do what you please with them?

I have been under the impression that if we TAKE the pictures we OWN the pictures and we can POST them on our websites for use to show off our work. on a local moms board there is a thread started from a mom who is mad that another photographer is using images of her son and wants to SUE because she never gave him permission....

so before anything like that happens to me, I just wanted to see what the "rule" was!

thanks!
Exactly the reason I secure a signed release by the client or clients' parent before I EVER start the session.

Technically, the photographer probably isn't in the wrong here, but the bad press and words mom will say about him may hurt his business. ALWAYS get a release from your clients.

CJ
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03-06-2008, 03:40 PM


I always have them sign a release. However, if anyone doesn't want their image used, I don't care. My success isn't built on any one image. I would rather have a happy client.

But, to your point, yes, you own the image, but you do not own the right to use it any way you want to, without their approval. There are limits.

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03-07-2008, 12:12 PM


Bottom line, there's nothing keeping a client from suing you if they want to. You may or may not win, but why deal with it. Include a release with your standard paperwork so that there's no question...

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