On 15/04/2015 2:26 PM, Igor PDML-StR wrote:
I have a question for PDMLers who might have experience with that. (I had never thought of these questions before...) Let's consider a photo session (in studio or on location), and the photographed subjects (or their parents) are ordering photographs (specific example: individual and group photos of kids at school, sport teams/dance studios...). Question: Can the photographer use these photographs elsewhere without an explicit model release(s)?
Technically no, as a matter of course, if you don't have a release, you probably don't want to use the images.
In practice, providing the usage is non commercial in nature, yes. As always, legal advise off the internet is worth what you pay for it. bill
I would consider three sub-questions related to the purpose 1) for some explicit profit (e.g. sell to a 3rd party, including stock, magazine, etc.) 1a) can the studio/venue where it happend (dance studio) buy the photo? 2) for advertizing purposes (on the photographer's website, on other websites, in the printed ads) 3) without any profit or explicit advertisement purposes (e.g. on the community website, free giveaway to some news media). I know that under this conditions (unless specified otherwise in the contract), the photographer keeps the copyright (even though it is a work for hire). But what about the rights of the people imaged (in the context lined out in the cases above)? Thank you, Igor
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