Can a photographer that you hire use your picture without consent?
Does the photographer have the rights to do whatever he wants with a couples wedding pictures, for example? Can he be sued if he uses them to for something he makes money with?
Photographs taken by someone are the photographers intelectual property and the photographer owns them. You are entitled to what was agreed upon being delivered.
If the photogrpaher is going to use the pictures for any other purpose besides the original intent, then they must get a model release to do so. Most wedding contracts have a clause in them that states the photographer has the rights to use the pictures in whatever means they so choose.
Don’t forget though, that all this is negotiable. If you don’t want them using your wedding pics in a magazine, in their personal portfolio or in a contest, amend the contract to state such.
The only time the photographs may not be the property of the photographer is if said photographer is working for a company(a company employee) and as part of their job description or the contract to work for said company states that all images taken while in the course of their regular work are property of the company.
Check the fine print on your contract – if it says so, they do. Pax – C.
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There are legal ramifications, of course. But asking if he/she can is quite a different question.
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without your consent would mean that it was not included in a contract. just make sure you read the fine print
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NO.. and Yeah he/she can be sued.
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NO.. if photographer wants to use ur photos for personal use, he must have you sign a release of personals and such.. if already has without your sign.. than you can sue!!!
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From what I understand, most photographers will get you to sign a waver or something which gives them the rights to any photograph they took. Some can be sneakier than others though.
We had an experience where we entered a ‘free’ competition for a photo shoot session (where they then ask you to pay a hundred dollars a print). In the fine print on the entry form it stated that by entering the competition we agreed that any pictures taken could be used for promotional purposes. They ended up using one of the prints we didnt purchase as a publicity shot. It was of my then 6 year old brother, and my parents were not impressed.
If you ask the photographer politely not to use the photos if you do not wish then they can not. They own copywrite only of the photo paper that it is printed on, not on the images, they are yours and unless you give them permission (written or verbal), they can not use them against your will.
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He has no rights. There your pictures. You rightfully own them. Don’t you have to sign papers stating certain things. Make sure you have the full right of all pictures taken before getten them taken. It’s like if you don’t want to be taken in a random picture they can’t take the picture cause they don’t have your permission.
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Usually No. Unless it is specifically agreed to between you and the photographer.
You can sue the photographer for commercial use of your photo and get damages.
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It truly depends on how they are using the images. If they are simply using the images in their portfolio, that was probably covered in your contract. Even if it wasn’t it most likely would be found to be fair use by a judge.
If they are selling an image where you are easily identifiable (portrait, face showing, etc) and you did not sign a release allowing commercial use of the image… they’re on thin ice, if not in violation of your right to privacy & publicity. If the photos are only body parts, you will have a difficult time proving that it’s you. Not saying it’s right, but you will have the burden to prove to a judge those are your hands, etc.
Review your contract, some photographers put model release clauses in them to cover all sorts of uses that are probably out of line with what a wedding client expects.
The best bet is to ask the photographer to quit using your image. If he’s not agreeable, then speak to a lawyer familiar with this sort of thing and get a legal opinion.
Unless the photographer signed over full copyright of the images, the photographer owns ALL rights to the images. They may license you (the client) with the ability to make additional prints, etc but ultimately they own the images. That is a separate issue from right to use the images commercially (stock photography or selling to a company for advertising; personal/studio use is not commercial). Client’s are purchasing the photographer’s services and skill, in addition to physical images. You bought their time, skill and the portraits you have in your album or on your wall, but you do NOT own the negatives or digital files.
I am not a lawyer, so this is not legal advice.
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I’m a photographer
Unless you are Detective Police Office, then you could hire without consent of taking picture.
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Photographs taken by someone are the photographers intelectual property and the photographer owns them. You are entitled to what was agreed upon being delivered.
If the photogrpaher is going to use the pictures for any other purpose besides the original intent, then they must get a model release to do so. Most wedding contracts have a clause in them that states the photographer has the rights to use the pictures in whatever means they so choose.
Don’t forget though, that all this is negotiable. If you don’t want them using your wedding pics in a magazine, in their personal portfolio or in a contest, amend the contract to state such.
The only time the photographs may not be the property of the photographer is if said photographer is working for a company(a company employee) and as part of their job description or the contract to work for said company states that all images taken while in the course of their regular work are property of the company.
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US court decisions, copyright law
All my clients sign a contract stating that I may use the images in any way that I see fit. I ofcourse only use the best of images I take for publicity and contests, most my clients are flattered when their pictures are so great I use them to promote my business.
Check your contract, most photographers do as I do.
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