Thread: Advice on photos please!

Hi everyone
I wanted to get some photo's organised (Vargas style among others) and I just wondered if there were any copyright issues. Who'd hold the rights, me or the photographer?
Probably a silly question but one I'd rather ask before and not after

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If you pay a photographer to do a shoot, then generally you are paying for the photos and they are your property, so the copyright lies with you. If you don't pay the photographer, they own the photos, and if you want to use them for anything you need to ask their permission and credit them where appropriate. Most photographers are fine with this however, but i's always best to ask before you set up a shoot.

Hope that helps!

As I understand it, paying for the photographs does not automatically entitle you to the copyright (sorry Fleur, I don't mean to undermine you!). Again, as I understand it, a photographer owns all copyright to any photographs he/she takes, although the law entitles any subjects featured to a handful of rights, regardless of whether you sign any legal documents or not.

A professional photographer will ask you to sign a release form. The release form, generally, details what the photographer can and can not do with your images. Should you wish to buy the copyright to the images, the full details of this should be included with the release form. The photographer may also issue you with a license to use the images in particular contexts. Again, the license should clearly state what you can and cannot do with the images (e.g. you can use them for promotional purposes, but may not produce derivatives) and details of any photography credit you are required to include with your use of the images (e.g. "(c)2008 Mrs Photographer").

From my experience, it's very rare for a photographer to sign away copyright to their work..

I've yet to find a really good UK copyright law webpage (re copyright from the model's perspective), but I am trying to persuade a good friend of mine who works in copyright to give some master-classes at burly events... (show your interest here and I'll direct him to the thread).

Originally Posted by Beatrix Von Bourbon

As I understand it, paying for the photographs does not automatically entitle you to the copyright (sorry Fleur, I don't mean to undermine you!)

That's OK Beatrix, undermine away if it's right! I wasn't sure on that one to be honest and I thought I'd written a bit "I think" in there. I've only ever done TFP shoots anyway so I know what I need to on that score and that does me ^_^

In my experience it depends from photographer to photographer on the exact details of the release, but like Beatrix says, they will almost never sign away their copyright.

The best thing might be to identify some photographers you want to work with and see what their terms are.

xxx

Hello everyone;
as well as being a burlesque performer I work in photography so I know fairly well the workings of it. Copyright of images ALWAYS belongs to the creator of the image i.e. the photographer, unless the photographer signs a paper giving away the copyright to those images, which is very very rare (it normally happens with advertising jobs and when a lot of money is involved). Even if you pay or commission the photographer, it doesn't mean the copyright is yours.
As Beatrix and Fleur said, the photographer will ask you to sign a model release which is like a contract. You can find a model release form (and others) on this site:

The Association of Photographers (the association of photographers) You can contact them with any queries you may have.

P-01: UK Copyright Law fact sheet (this is a link to a law website)

It's good practice however to ask the subject for their consent to use the images in magazines etc.
In my experience with burlesque photographers in the UK, it's quite easygoing: you both have access to the images and if you want to use them for your site, myspace etc it's fine as long as the photographer is clearly credited. If you want to have them published on a magazine or flyer you must ask for permission first.
However if you don't want the said photographer to show the pictures to anyone, not even for portfolio, you should discuss this in advance.
Marylin Monroe use to scratch the negatives of the pictures of herself she didn't like, so they could not be used: I'm not sue if there ever was a court case with that....Anyway you can also discuss with the photographer the pictures you don't like and which must not be used, which most people are fine with.

From a model's point of view:
if the photographer, by use of an image or by captioning it, gives an untrue impression which might affect the subject's reputation, then the photographer could be guilty of defamation. (I copied this from a copyright booklet)
This site Press Complaints Commission >> Welcome is the Press Complaints Commission which publishes a code of practice for photographers and has some useful info.

I hope this helps anyone interested in the matter and hope I'm not sounding too patronising ;-)
xx
Honey

Thank you everyone for your replies - Found them really helpful. Feel a bit more prepared now. At least I know what to talk about while finding a photographer And those masterclass' sound like a great idea.

Best to double check everything with your photographer. Good luck with the shoot and be sure to show us all when they are done. xx

ask the photographer. i do options like a disc which is initally more expensive but you own the copywright and can produce the pics any time you want. check the contract with your photographer if they are just selling you prints and when you want more you have to reorder from them then usually thats when they own the copywright. hope that help but best to check with who your using.