Using a clients photos for marketing purposes?

5 years 7 months ago #597156 by Bump N More
In terms of posting a photo or two from a clients shoot under your 'client portfolio' on your website so others can see the level of work you. Legally, do you need to obtain permission to have these photos there? 

I haven't done so yet, but putting a new portfolio site together and would like to cull from all my photos my very best over the years and post them in my site.  

Can I do this? Or would I need to obtain permission?


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5 years 7 months ago #597165 by Nikon Shooter
When a client payed for pictures, it is his or hers. Yes,
you should get permission, for sure… definitely.

Light is free… capturing it is not!
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5 years 7 months ago #597174 by effron
Yup, get permission

Why so serious?
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5 years 7 months ago #597226 by garyrhook

Nikon Shooter wrote: When a client payed for pictures, it is his or hers. Yes,
you should get permission, for sure… definitely.


In the interest of correctness:

In the US, when a client pays for photos, they're yours. This is the way it works in most countries, but not all (I know that Australia is an exception). All you do is sell the client prints, or rights to the image. You maintain ownership of the copyright (and thus the image) barring any different laws where you live, or outright sale of ownership, doing work-for-hire (which, as an independent photographer, you're not doing), or as an employee.

There has been some disagreement here, of late, over whether use of photos for self-promotion is considered "commercial". In which case you would need a release from any subjects to allow the use of their likeness (not because of the photo, but the subject within). I maintain that there is no clear connection between showing off your skills in a portfolio, and generation of business, but I'm unsure of what a court would say.

Suffice it to say that a wise photographer would get permission from a subject. Rights or not, it's (at the very least) simply considerate to let a client know what your intentions are.


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5 years 7 months ago - 5 years 7 months ago #597236 by Nikon Shooter
Sorry, a picture is, yes, always yours but not the portrait of it
unless you got a release or permission re: international © law.

Light is free… capturing it is not!
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5 years 7 months ago #597267 by garyrhook

Nikon Shooter wrote: Sorry, a picture is, yes, always yours but not the portrait of it
unless you got a release or permission re: international © law.


I would suggest refraining from pointing to international law when not every signatory of the Berne Convention has the same national laws regarding copyright ownership. It depends.

And I would suggest refraining from international law when we're talking about use of images, and that's not comprehensively addressed by the Berne Convention, either.

I was going to avoid this example, but to illustrate, please read up on this court case:

www.ibtimes.com/arne-svenson-neighbors-e...r-apartments-1267631

There are lots of articles on this. In summary, the subjects are personally identifiable, but a judge ruled that the images classify as art, and therefore a release (i.e. permission) was not required. I'm not current on whether an appeal is in process.

My point is this: it depends. And unless the judge is a complete idiot (a distinct possibility) it has nothing to do with international law. As the above referenced article points out, this is uncharted territory. Not covered by Berne. Not decided locally, much less globally.

You might stop asserting that the Berne Convention is the end-all of discussions of this sort, because it's clearly not. Just a suggestion.


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5 years 7 months ago #597268 by Nikon Shooter

garyrhook wrote: I would suggest… 


Don't know where the communication problem is but
all I meant was…

effron wrote: Yup, get permission


Light is free… capturing it is not!
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5 years 7 months ago #597270 by Bump N More
Oh my so much information.  So the best course of action will be to get permission first.  I wonder if I can add a check box to my contracts with a simple "I great my photos to be presented in photographers professional portfolio".  

That would likely do the trick.  What do you think?


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5 years 7 months ago #597271 by Bump N More
And BTW, thank you all!  

I know things got a little warm in here, but I do appreciate all your help.  


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5 years 7 months ago #597338 by Adam Kay
That could work.  Most will likely be OK with it.   Just let them know it's going in your portfolio on your website.  Perhaps even make it sounds like your are featuring the most photogenic people.  


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5 years 7 months ago #597346 by icepics
That sounds inadequate, and what you have in quotes is unclear (it needs to be worded better, I don't think I'd ever check a box or sign something like that if I was the client). If you want to do pro work in photography or make money with your photos, you've got some homework to do. Try asmp.org or PPA and learn about licensing usage, contracts, releases, etc.

If you want to use someone's image to promote yourself and bring in more business it's probably best to get a release signed (because you'd potentially be profiting from using the person's image).

I'd rather be prepared than have a problem later from using someone's image if they didn't know how it was going to be used (and see it online).

Sharon
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5 years 7 months ago #597495 by Glen Martin
Always get permission.  Play it safe.  You don't want to piss off your clients, and destroy their trust with you. 


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5 years 7 months ago #597665 by Fess Walker
When I have a great shot from a client, I'll ask them upfront and position it as a big honor.  Never had anyone say no.  


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5 years 7 months ago #597887 by Kenta
These days you have to be safe, always think of your clients best interest. I asked before using. 


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