128

So do I own the copyrights of the picture and can I post it ? You definitely own the copyright but you may not have the right to publicly display the image. Most photographers get a model release as a CYA, and it sounds like you don't have one. Given the sexually explicit nature of the photographs, your image may also be subject to revenge-porn laws in your ...


42

In general, the rule is simple: if you don't know you have the right to use an image, don't use it. It doesn't matter if it's all over the web, it could still be you that the copyright holder decides to sue - whereas with trademarks, it can be the case that if you don't defend the trademark, it can be deemed to have become "generic", nothing like that ...


42

Throw away the technology for a second, and consider before digital. Before digital, the negative was defacto proof: there was (typically) only one, and the author had it. But if there was no negative, due to loss or damage, then standard detective/police work is needed: Proof that the photographer was in the location when the shot was taken; testimony of ...


36

Standard disclaimer for legal questions: I am not a lawyer, and therefore cannot offer any legal advice, other than to recommend you seek qualified legal advice from a lawyer. Don't rely on legal advice from random strangers on the Internet. In the US (and Canada I believe), unless otherwise transferred or granted by explicit license or contract, copyright ...


33

In most countries you can resell the object (ie, the print) because a "sale" is a transfer of property. This is true also for art works: successful painters see their works resold during their lifetimes and they don't get any share of that[*]. If would be very uncommon to forbid resale. It could even be impossible in some countries; some judges could see it ...


33

The following is for entertainment purposes only. If you have a serious legal concern, contact a lawyer. Having the "right" to do something, doesn't mean you have to do it. It was a jerk move for you to post intimate photos despite having been specifically asked not to. Copyright and Rights of Publicity are separate issues. (This appears equivalent to the ...


26

She had given me verbal permission to use the photos for whatever I wanted, but now that we aren't close anymore, she has decided otherwise. This comment makes the situation a bit more hairy legal-wise. The fact is that the copyright of a photograph always belongs to the photographer regardless of the photo's subject, apart from some edge cases that don't ...


25

There isn't really any surefire way, other than meticulous bookkeeping, or following consistent habits. Some ideas: Use your mobile phone to take images of the rear LCD info page showing the file name for the first and last image each of you take each time you operate the camera. For instance, if you take a dozen pictures, when you're done shooting for a ...


24

You can prove that the picture is yours if you have other data that are not in the subject picture: the RAW file from which the JPEG can be produced (framing/perspective) a higher-definition picture from which the subject JPEG has been scaled down a larger picture (at the same definition) from which the subject JPEG has been cropped or some details removed ...


23

At least in the UK: If there's no transfer of copyright, you don't have any rights to reproduce the photo, so no problem. This is just like if you buy a book from your local book store, you can't make a copy of the book. In general, you can't restrict the right to resell a physical object. The important case here is the ECJ case UsedSoft vs Oracle (so ...


23

Legally, can you? Probably, yes. By default, copyright belongs to the photographer and you don't seem to have any sort of contract which assigns the copyright to anyone else. However... I'd strongly say that posting explicit photos of someone who has very clearly asked you not to post them makes you a bad sort. Consider why you're doing this and if that's ...


20

Legal Disclaimer The following is for general information purposes only and should not be taken as legal advice for any particular situation. If you have a specific concern you should consult with an attorney familiar with the relevant issues in the jurisdiction in question. Since the questioner indicated they were located in the U.S., this answer assumes ...


19

Keep it simple. I thank an anonymous photographer for permission to use the photo on the cover of this book.


18

(As you havent specified a country, I will assume UK, others will likely be similar or the same) According to the Copyright, Designs and Patents Act 1988 (https://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law) Restricted acts It is an offence to perform any of the following acts without the consent of the owner: Copy the work. Rent, lend or ...


16

This varies widely based on jurisdiction, and there are widespread misconceptions about it. The photographer is normally the sole owner of the copyright in the photograph. However, local personality rights (aka right of publicity) may limit the use of an image without permission of the subject. Personality rights vary from nation to nation and even within a ...


15

The photographer retains the copyright unless he or she specifically assigns them it to someone else. However, usage is a different matter. The photographer may not use an image of you -- where you are readily recognizable -- without your release. This is called a "model release." If you did not sign a model release, the best way to proceed might be to tell ...


14

Nikon D3400 (and, I assume, other models) lets you select the active folder to store files in. Just change folders when you change photographers. More generally, you can use two memory cards and change cards when you change photographers.


13

Generally speaking, the US Copyright Office's terse answer is a complete reply: the copyright of the photo belongs to the photographer. The owner of the property may also have some rights which could limit the photographer's commercial use of the material (including, for example, selling it to you). I know one old photo seems like a little thing and it ...


13

I'm going to answer mostly in terms of US copyright law. As you noted, it does vary--but perhaps less than you'd expect. There have been efforts to keep copyrights similar between countries for a long time, starting from the Berne Convention of 1886. There have been quite a few more international treaties on copyrights since then, and most of the "civilized" ...


13

Don't know about the US in general and Florida specially, but in many jurisdictions, there are several different rights possible attached to a photo, including: Copyright, which you hold if you are the one who took the pictures (including setting up, decor, lighting, asking for specific poses, make up and styling...), not as a salaried job, and you don't ...


12

This seems likely to qualify as fair use, by several of the four factors used as tests. "The purpose and character of your use" — educational and as part of commentary on educational article "the nature of the copyrighted work" — the work itself was used as an educational illustration and you're extending that "the amount and substantiality of the portion ...


12

One solution that might work if you don't switch too frequently: Take a selfie whenever you take the camera. Then you know all following pictures have been made by the person of the most recent selfie. (Maybe you should think about a "sign" if you do frequently take pictures of eachother.) I did this at a previous job, where we first also used to keep a ...


11

In the US, there is really not any debate. The creator of the work automatically has copyright, except in the case of works-for-hire, where someone else does. Posting, reblogging, or sharing that work doesn't destroy that right. In some cases, you may be able to claim that your painting is transformative, and not a derivative of the original. But the ...


11

My personal opinion on this is that, while I understand the photographer's position, your wedding album is not her portfolio, even if you want something hideous it's your right as the one paying for the job - I wouldn't agree to her terms. I believe, that for a full price job the service provider can't put his/her own interest above the client's. You can ...


11

Google Reverse Image search does wonders and so does TinEye to find out where your photos have been posted. Both are very useful!


11

As you said in a comment: the company now has the rights to the images Therefore they're not your images any more, they are your client's - and therefore any use of them by you without permission from your client would be a copyright violation. If they're not happy with letting you use them on your website, there's probably not much you can do. The ...


11

The typical citation would be: Reproduced with permission. If the author doesn't want you to name them, then simply don't.


10

Anyone with an editor can open a TIFF and save it again without the metadata. I don't think there is any way to lock the metadata from being stripped out. You could look at digital watermarking, such as Digimarc


10

Legally, it may or may not — you'd probably have to have a court case to determine your particulars. (The law simply isn't clear-cut.) Strictly speaking, you'd probably make de minimis arguments (I just used a small part; it wasn't really important; there was no commercial impact; it's only used in a small way) rather than fair use. But the court cases for ...


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