Help with advertising using clients image.

[shellie]

I Want to use and image from an old session in an advertisement and am confused on what permission I need. I have tried to contact the person the image is of but have gotten no response. It is a maternity image but you can only see her belly and her soon to be born child's name spelled in blocks on belly. I have looked all over for the answer and have gotten some mice information. Can I use this image with out signed permission? Thank you in advance.

 

[xposurepro]

No face and no last name you're good to go.

 

[Big Mike]

I could be mistaken, but I believe that advertising for your own business (especially if it's not on a huge scale (like a national ad campaign)) does not count as 'commercial' use. So if you do indeed own the copyright, you are free to use it in your own advertising. And seeing as you are in the USA, if you took the photo and did not transfer the copyright in a contract, then you do own the rights.

 

[shellie]

The ad will run at our local movie theatre. and no I have not transferred any copyrights. I have verbal permission but I know that doesn't mean anything when it comes down to it. I have tried to contact the girl in the image via email but have lost her phone number or I would just call.

 

[KmH]

No face and no last name you're good to go.

Maybe.

No face is a common misconception. Any unique mark(s) can be ajudicated in court as sufficient for recognizability.

Scars, tatoos, slightly deformed limbs from a bone broken years ago, moles, liver wart spots, the list is almost endless.

As Mike mentions, self-publishing and self-promotion are not treated the same as 3rd party advertising and promotion. But, if an image was made under controlled conditions (like in a studio or on locations using light stands, reflectors, etc), or if it can be perceived that people in an image are sponsors or advocates of the business, then you would want to have a valid, properly executed release on file.

But, an online photography forum is the wrong place to be seeking legal advice. Unlike US copyright law, which is federal law, image release law is state law, so there are 50 somewhat different versions out there.

Consult with an attorney familiar with publication law in your state.

A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things