Question about photo ownership

10 years 7 months ago #295891 by Ruby Grace
A friend of mine is going through a nasty break up. She was dating a photographer who had taken a number of photos of her over a span of 4 years. She of course wants them now that they are going separate ways. There is no model release form that she completed. In a case where a couple has been dating for nearly 4 years, and they separate. Who would own rights to these photos? The photographer (guy) or the the model (my friend)?

Canon EOS 5D Mark II, 17-40mmL, 24-105mmL, 100-400mmL, 300mm f/4L IS, Sigma 12-24mm, 430EX, Extension tubes
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10 years 7 months ago #295908 by Roblane
In this case it would be the photographer who would have the ownership and copyright to those photos. If there was no model release, that would restrict him from doing anything commercially with them.


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10 years 7 months ago #295914 by J Hemingway
Photographer will own the photos, but will be restricted to what he can do with them


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10 years 7 months ago #295975 by garyrhook
+1 the photographer. Although he made a royal error in not getting paperwork signed.


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10 years 7 months ago #295977 by Kristy Blake
Yep, always get model release forms. LOL only people who don't with me are blood family. Even then I should! You just never know these days. You always need to protect yourself.


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10 years 7 months ago #296030 by Kid Prodigy
+photographers with limited rights

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10 years 7 months ago #296041 by Vahrenkamp
Photographer has that one


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10 years 7 months ago #296045 by TvPhotos
Photographer will have the rights, but will have be restricted with they use them for.

There is no reason not to follow your heart. ... Stay hungry. Stay foolish.
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10 years 7 months ago #296087 by Don Fischer
Shes leaving the guy and want's some photo's of herself? Why? She can get new photo's taken probably for free! She's your friend, would you do that for her?


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10 years 7 months ago #296094 by Tuscany
Easy - the photographer


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10 years 7 months ago #296117 by Joves
Yep with the choir here, the photographer owns them. She is out of luck. He does not even have to give her a copy or any prints. But as said he is limited in his use of them, and has always been limited without a release. She does have recourse if he exceeds his boundaries of usage with them though. In any event that does happen she will need a lawyer to sort it out. But she cannot make him do anything with the images he does not want to do.


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10 years 7 months ago #296121 by garyrhook
For what it's worth, this came today in an email. Might be worth reading.

A Practical Guide to Model Releases


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10 years 7 months ago #296187 by The Gardener
If he did want to do something with those photos, I bet he is wishing he had that model release form. Doh!


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10 years 7 months ago #296200 by sleeper54
While my 'dirty old man' thought was . . .' Gosh, hope they are all G- or PG-rated . . .. '

If not . . .might explain an 'increased desire' to 'get them back'.


...tom...


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10 years 7 months ago #296289 by Superman
Wasn't there just a law passed somewhere talking about 'revenge' photos? Or something like that?

Nikon D90 & D40 18-55mm, 55-200mm, 35mm, 50mm, 105mm, SB600
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