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If a photographer takes a picture of someone at their request, who owns the photos? - Printable Version

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If a photographer takes a picture of someone at their request, who owns the photos? - Schuy - 01-22-2013 05:10 AM

The photographer in question has given electronic copies of some photos to a model they photographed and requested they not post them online (to facebook for example) but merely keep them offline or printed off or whatever. The model is claiming that she partially owns the pictures because she is in them and therefore has the right to do what she pleases with the photos.
Who is right?
Also, there was no written/verbal contract between the two, nor was there any money exchanged. It was merely for fun.
Is this the case? Who fully owns the photos?


- David S - 01-22-2013 05:18 AM

The photographer always owns the photos and the rights to reproduction, UNLESS he sells or licenses those rights to another. In your example, the photographer has relinquished none of his rights; just done the model a favor. But she does not understand the law and is incorrectly assuming she has a legal right to them merely because she appears in the images.

She has the right to use the photos as she wishes only if given permission by the photographer. He has the right to market them based on whatever model release the model has signed. If there is no release, she would have to challenge his rights in a court of law.


- Phil McGroyen - 01-22-2013 05:18 AM

The photographer owns the picture. Models do not own a picture, unless they pay for it.


- Dan H - 01-22-2013 05:18 AM

Professional photographers usually retain the rights to the photographs unless the contract says otherwise. They make money on taking the photos and they make money on selling the copies of the photos.


- Neil - 01-22-2013 05:18 AM

The photographer.