CopyRight Release

[cusvenus]

When we take pictures for customers and give a private gallery for view. Who owns the copyright to share. I know if we give the digital copy with copyright release the customer own's it.

However can we use the pictures in our social campaign? What kind of permission / document is required for using the portraits / event / session photos.

Please don't mind if I have posted in a wrong place and help me in this regard.

Thanks a lot in advance.

 

[KmH]

In the US the photographer owns the copyrights, unless both parties sign a document stating otherwise.
Many incorrectly call a Use License/Print Release a copyright release, and may inadvertently give way their copyrights.
Copyrights can be extremely valuable. Make sure you understand how to protect yours.

What you are asking about is a model release.
Model release law varies by state, so if the San Jose in your profile is in California you would want to check out California model release laws.

If you were paid to make the photos, shot the photos in private, or shot the photos out in public under controlled conditions you would want valid model releases on file.
Retail photographers should have a clause in their contract that functions as their model release.
If you haven't already, have a qualified attorney make sure your contract is in fact actionable in the state where you do business.

Paid photographers should have this book on their bookshelves - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[tirediron]

That depends on where you live (listing a location in your profile would help). Generally speaking we do not normally hand over copyright. We provide the clients with a usage license which specifies what they may do with the images, and what they may not do, and reiterates the fact that the photographer retains copyright and may use the images however he feels fit.

For most countries whose legal system originates with British Common Law, something along these lines would be a good starting point. This is NOT legal advice. Consult a lawyer to ensure your document is appropriate and binding in your region.

"___________________ (The clients) are granted the right to reproduce and display the images provided by <You> in perpetuity for any non-commercial purpose, but may not edit, alter, or change the images in any way. The photographer retains the copyright to all images, and may use them for any purpose."

 

[cusvenus]

Thanks for the excellent advise.

My situation is it is a paid engagement and I have asked the customer if I can use it in my social campaign (facebook / twitter). I didn't get the response from the customer. So wondering how I shoudl follow for PAID engagements with no predefined contract?

Do I need to check with the customer each time I post a picture?

And yes you are right, I am from SJC CA.

Thanks again.

In the US the photographer owns the copyrights, unless both parties sign a document stating otherwise.
Many incorrectly call a Use License/Print Release a copyright release, and may inadvertently give way their copyrights.
Copyrights can be extremely valuable. Make sure you understand how to protect yours.

What you are asking about is a model release.
Model release law varies by state, so if the San Jose in your profile is in California you would want to check out California model release laws.

If you were paid to make the photos, shot the photos in private, or shot the photos out in public under controlled conditions you would want valid model releases on file.
Retail photographers should have a clause in their contract that functions as their model release.
If you haven't already, have a qualified attorney make sure your contract is in fact actionable in the state where you do business.

Paid photographers should have this book on their bookshelves - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[tirediron]

Very simple. You NEVER work without paperwork; this sort of thing is normally part of the contract you with the client prior to the shoot taking place.

 

[cusvenus]

Thanks for the help and suggestion tirediron.

Is there any template that I can use for any traditional order. Once I get busy then i will go with the route on hiring a legal lawyer. Thanks a lot for everything.

 

[tirediron]

I'm sure one of our US members can give you better suggestions there than can I.