On 4/15/2015 4:26 PM, Igor PDML-StR wrote:
I have a question for PDMLers who might have experience with that. (I had never thought of these questions before...) Let's consider a photo session (in studio or on location), and the photographed subjects (or their parents) are ordering photographs (specific example: individual and group photos of kids at school, sport teams/dance studios...). Question: Can the photographer use these photographs elsewhere without an explicit model release(s)? I would consider three sub-questions related to the purpose 1) for some explicit profit (e.g. sell to a 3rd party, including stock, magazine, etc.) 1a) can the studio/venue where it happend (dance studio) buy the photo? 2) for advertizing purposes (on the photographer's website, on other websites, in the printed ads) 3) without any profit or explicit advertisement purposes (e.g. on the community website, free giveaway to some news media). I know that under this conditions (unless specified otherwise in the contract), the photographer keeps the copyright (even though it is a work for hire). But what about the rights of the people imaged (in the context lined out in the cases above)? Thank you, Igor
Depends on whether you want to get sued or not. 1) You're definitely gonna' get sued. 1a) Probably won't get sued if a dance studio wants to use a group photo in its own promotional efforts. Individual portraits might be a bit more iffy unless the individual distinguished themselves ... won a state level competition ... 2) Shouldn't get sued for having them on your own website or promotional media. 3. Probably won't get sued if you're providing images to promote a community event ... and example being a group photo of a school sports team given to the newspaper when the team wins a city championship or an individual who won a competition, etc. Of course, you could always add explicit language to your contract that holds you harmless, and avoid the whole thing. When you're talking about photographing somebody's kids you need to CYA all the time. -- Science - Questions we may never find answers for. Religion - Answers we must never question. -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
