John, Bill, Mark and Mark!-Mark,
:-)
Thank you, guys for your thoughts. Those pretty much confirming what
I had been thinking. In this particular situation, the question was not
originated from my photographic efforts, but rather from thinking it from
the client's side.
At two different places for kids, they had photo-sessions (one - couple
of weeks ago, and the other one - tonight).
In both cases, there was no contract, what-so-ever. In the previous one, I
knew from the last year that the photographer is very mediocre (and his
assistant is incompetent and stupid, borderlining rude), so we said "no"
from the beginning.
For today's session, it was promising: Looking at the group photos from
the last year (posted at the dance studio, where it was happening), we
thought there is some potential, and the photographer sounded reasonable
when I spoke with her. So we decided to try, especially since our daughter
was excited about it.
But it all got me thinking about the questions I asked...
Again, thanks to all who responded!
Igor
PS. I will send a separate message with some really geeky followup
thoughts.
On Wed, 15 Apr 2015, 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)?
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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