Pictures you take can be added to portfolio?

Discussion in 'Photography Beginners' Forum' started by Robin Usagani, Jun 20, 2010.

  1. Robin Usagani

    Robin Usagani Been spending a lot of time on here!

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    Hey, can you put client's pictures on your portfolio online? Do I need to get an agreement first? Let me know!
     
  2. Josh66

    Josh66 Been spending a lot of time on here!

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    I think that's something that would usually be in the contract you have with the model you're shooting.

    Among other things, it should say somewhere in there what they can use the photos for, and what you can.


    If there is no contract ... I'm not really sure what your rights may or may not be.
    It may very well still be OK - I just don't know.
     
  3. Robin Usagani

    Robin Usagani Been spending a lot of time on here!

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    Cool. I've done only probono work (verbal agreement between friends that I take their pictures to put on my portfolio). I was just wondering what happen when I start charging people. Do you know a good link to get a good example of photog contract?
     
  4. Josh66

    Josh66 Been spending a lot of time on here!

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    Found this after a quick search...
    Photography Contract

    It would be a good idea to have an attorney review any contract you intend to use before you actually start using it... The attorney's fee for something like that should be pretty reasonable...

    You could probably actually have one written by an attorney for a small fee too.
     
  5. BuS_RiDeR

    BuS_RiDeR No longer a newbie, moving up!

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    I took this passage from one of the many on-line "contracts" that are out there. It may or may not be accurate in your situation and location....

     
  6. AlexL

    AlexL TPF Noob!

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    Key is who owns the photos. You or your subject. Typically, if they paid for it, you'll need some permission.
     
  7. KmH

    KmH Helping photographers learn to fish Supporting Member

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    Nope! Not even close.

    In the US, if you pressed the shutter release, you own the photo (copyright) unless by a signed document you transfer your copyright to whoever paid you to make the image(s).



    Three things determine if you need a model release to use a photo:
    1. How the photo will be used?
    2. Is the subject(s) clearly recognizable?
    3. How did you take the picture?
    Using a clients image in a portfolio, or for any other kind of self promotion is not considered a commercial use, so you don't need a signed model release. Unless, the photo was made in a private setting, under controlled circumstances, or if the the people in the photo can be perceived as advocates or sponsors of your business.

    Schwettylens,
    If you are going to start charging for your photography, you really should start educating yourself about copyright law (www.copyright.gov), contract law, publishing law, and model release law as they pertain to the jurisdiction where you will be doing business.

    The best way to do that is to establish a relationship with an attorney and an accountant, both familiar with the legal needs of photographers.

    What BuS RiDeR posted is not a model release, it is a very simple indemnity clause.

    Here is a link to the one written by the attornies for Getty Images:

    http://contributors.gettyimages.com...SAMPLE_Model_Release_-_English_-_Dec_2008.pdf

    Model releases are often customized to meet the needs and desires of both the photographer and the subject/model.

    After all that I have to conclude with: An online forum is the WRONG place to seek legal advice. Contact a qualified attorny.
     
    Last edited: Jun 20, 2010
  8. AlexL

    AlexL TPF Noob!

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    Obviously I have no idea what I'm talking about :)
     
  9. KmH

    KmH Helping photographers learn to fish Supporting Member

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    All of the the rights that come bundled with copyright, are the only tangible a photographer has to sell.

    That's why few photographers outright sell the copyright to any of their images.

    Also, here in the US copyright is exclusive for the lifetime of the author/creator, + 70 years to protect the interests of the author/creators heirs.
     

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