Thread: Photography Rights

Well, I guess it's my turn.

A few months ago, I performed at a local leisure showcase. We'd set up booths advertising classes and such, and I took part in a demonstration. Mine and my student's performances were photographed and my picture turned up about 1/3 page of the local newspaper in brilliant color.

I signed a release for my pictures to be used in the newspaper, but a friend just showed me a link where the photographer has chosen to use my picture as part of his online portfolio.

Normally I wouldn't make a fuss over it, but the photographer was very adamant about not giving us copies - he said they belonged to the newspaper and I would have to purchase a copy. YET, here he is posting them as part of his portfolio without my consent.

What are my rights here? As a subject of these pictures, are they not partially mine? If they belong to the newspaper, then why has he gone and posted them as part of a private portfolio?

Don't get me wrong, I'm not raving mad or anything. I am just really itching to slap the guy on the wrist and calmly suggest he at least give me copies of these pictures if he plans to use them and don't want to make a fool of myself.

It depends largely on the type of release you signed. If it included a standard model's release, then it would have covered any commercial or non-commercial use by the photographer and wouldn't have been specific to the newspaper images only. It also depends on the photographer's relationship with the newspaper. If they are on staff at the paper, they may have a contract stating that all pictures they take are property of the paper, but can be used in the photographer's portfolio. If the photographer is freelance, then the paper may purchase use rights for some photos, but the main rights stay with the photographer. It can be pretty tricky. Do you have a copy of the release to check?

No, but I wish I did! I'm not sure of his relationship with the paper - it just seems unfair that he can use them as he wishes, but not even give me a copy in return.

:-(

Originally Posted by Adishakti

No, but I wish I did! I'm not sure of his relationship with the paper - it just seems unfair that he can use them as he wishes, but not even give me a copy in return.

:-(

Definitely! I would suggest calling the paper as a 'housekeeping' measure. Let them know that you loved the picture printed and wanted to request a copy of the release you signed...just for your records, of course. If they seem a little unsure, just tell them that you always keep the releases and copies of newspaper clippings on file in case you want ever need to contact them about the picture again.

That should open the door to get you a copy of the release and *maybe* even copies of the pictures they have on file. :)

Oooh Adi that makes me mad! I remember that guy said he would send copies AND I don't believe any of us signed a release form. Unless you signed a waiver no one has the right to use your image without your permission!

I don't know what the laws in Canada are, but in the U.S. you'd be totally out of luck.

When you dance in a public place or public event -- or even walk around in public -- you're fair game for photographers -- like a tree or a sunset. Any photos taken of things that go on in public are the work and property of the photographer. You have no more rights than a tree or a sunset UNLESS your pic is used in a way that's considered libelous or materially destroys your reputation (for instance, if the newspaper accidentally ran it with a caption that said 'A local prostitute was arrested this morning...')

Any work the photographer does on assignment belongs to the newspaper. Once I was WORKING for a newspaper and they sent a reporter & photographer to an event where I was dancing (not knowing). The photographer took lots of gorgeous pics, but even though I WORKED there and even though none of the pics wound up being used, I wasn't allowed to get a copy of ANY of them. I wasn't even allowed to buy them from the paper, at any price, although they would never be used.

Could the photographer have used one for his portfolio, if he wanted? I don't know. I've used graphic work I designed for clients in my portfolio without thinking to ask their permission before. In my mind, it's an example of my work and while I'd never sell it to another client, I have the right to claim credit for it. But I don't know whether I was within my legal rights.

In the UK the standard pro forma Model Release has an entry marked "....... in return for ....", which is where we have to write down what we are giving in return for the Model's permission for usage. I think he should give you a copy, full res, on disk, with no proof marks or spoilers on it, it's just good manners, but some people can be complete w*nkers. He may be one. And he may not be obliged to provide a picture depending on the wording of the model release and everything that the other bhuzzers have said.

You were in the public domain and anyone can take an image of you and stick it on their website and not ask you or give you a copy unfortunately. You can announce from the stage that you don't allow any photography or allow people to use images from a show, but they will do it nevertheless, as I see at every wedding I photograph and every other event, including Raks Britannia. Not just public domain events. It's very frustrating!

It's a very sticky place these days, the area of image copyright, as everyone now has instant access to high-resolution digi cameras in the shape of mobile phones. Security guards can't really take everyone's phone off them before they go into a gig. And everyone is doing it, it is just too hard to regulate/stop at this point in time. Who knows what they'll think of next though.

Originally Posted by nilifer

Oooh Adi that makes me mad! I remember that guy said he would send copies AND I don't believe any of us signed a release form. Unless you signed a waiver no one has the right to use your image without your permission!

Yeah, me too. I have no idea what our "rights" are, if any... but it just seems a really rude thing to do.

Just so you know though, he put mine and Haleema's pictures up... there aren't any of you. I never even got to see the other pictures, despite asking. And from what he showed us at the showcase, there were some great ones there I'm sure we'd all have liked to get.

Originally Posted by Adishakti

Yeah, me too. I have no idea what our "rights" are, if any... but it just seems a really rude thing to do.

Just so you know though, he put mine and Haleema's pictures up... there aren't any of you. I never even got to see the other pictures, despite asking. And from what he showed us at the showcase, there were some great ones there I'm sure we'd all have liked to get.

Yeah, I was surprised when I seen they were on his personal page with nothing to do with the paper! And yet we can't get a copy of them