customers photographs / copyright

[artona]

Hi

I often see photographs on here that members have taken for customers. As I understand it standard legislation says the photographer retains the copyright but if commissioned by a customer the photographer does not have the right to publish on for example Talkphotography.

How do you understand the law

 

[jolsterj]

I think that is right but I always get them to sign a release form that says i can use the photo for advertising purposes, websites, competitions ect.

if they sign i can use if they are not keen and dont sign i wont use.

 

[artona]

hi

thats a good idea

 

[Marc]

When I got the Polo jobs in the summer I was quite clear that I retained copyright and full usage rights. Of the corporate work I've done I have never posted any of the images.

 

[Craikeybaby]

The best thing to do is state either way in the contract that gets signed...

 

[pxl8]

Hi

I often see photographs on here that members have taken for customers. As I understand it standard legislation says the photographer retains the copyright but if commissioned by a customer the photographer does not have the right to publish on for example Talkphotography.

How do you understand the law

Very differently from you. What legislation are you referring to?

If I'm paid to take someone's photo and give them a print that's what they get. All rights on usage remain with me unless I've agreed something else with the client.

The only bit of law that touches on this subject is the DPA but that doesn't prevent the capturing of data and for the most part photography will be exempt from it under various clauses, hobbies and art being the main two.

Laws in other countries are different. France, for example, has a law that basically says someone's image is theirs so a photograph can't be used without permission - no such law in the UK.

 

[bbb]

When I used to shoot for Classic American and Custom Car I had an agreement that I would not post the photos online until 8 weeks after the magazine had been published. They did not want the photos all over forums before they hit the shops. I always retained copyright to the photos but licenced them for thier use. Seemed reasonable to me

 

[jerry12953]

Copyright always remains with a freelance photographer unless actively assigned to the client or a third party.

People will ask for the copyright but they usually don't need it.

A licence to reproduce will normally suffice; you keep the copyright.

If you do a photography job while EMPLOYED (ie on a salary) then the copyright belongs to the employer.