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Photography F.A.Q (Last Updated: 2024 Nov 26 6:56 am)



Subject: Photo ownership


Alvaretto ( ) posted Thu, 23 February 2006 at 11:49 AM ยท edited Thu, 26 December 2024 at 12:37 PM

I have an exchange of services with a woman. She models for me and I take photos for her. Now she tells me that she wants to sell some of the photos and she asked me how does this work. We prefer to do it by the book so, if it is some regulation about photo ownership I would be glad if someone tells me where to find it it. If not, I guess we should share the benefits. If this were the case, does anybody knows what would be a fair percentage for each one? Thanks in advance.


Laelia ( ) posted Thu, 23 February 2006 at 12:58 PM

Hye, I 've just have links website of French law... If I 'll find, give you the result..


LostPatrol ( ) posted Thu, 23 February 2006 at 3:35 PM

I think it may depend on what country you are in. Here in the UK the photographer has sole right of copyright, so no one can sell the photographers work (legally) without permission. Although where a third party or private land/property is concerned, it would depend on the original agreement. In your case I would think that a profit share would be a good option, although I dont think you are obliged to do so. As for the split, that is something you have to agree on, in cases like this I usually go for a 70/30 split in my favor, because there is much more work involved on my part. I never produce any photographs of people without a written agreement,(model release) this can save problems arising in the future.

The Truth is Out There


Rios9102 ( ) posted Thu, 23 February 2006 at 7:21 PM

This is a good question. I've been propostioned by people wanting me to take there photos too. I as well do not know what to charge. I'm in the U.S. though.


gwfa ( ) posted Fri, 24 February 2006 at 1:21 AM

the best is always to make a written model release; usually the photographer gets all rights on the images (personal rights, copyright etc.). for non commercial issues both are free to use the images on websites, sedcards, contests etc. for contests there may be a share of the model in the won prize (35%). any commercial use has to be agreed separately (model share for portraits 30%, nudes 50%). in any case it's better to have a written agreement.


Gerald



dragonfly2000 ( ) posted Fri, 24 February 2006 at 7:14 AM

Basically it's whatever you agree to between the two of you. However without a sign model release you own the negatives [or whatever] but can do little with them. Get a copy of: ASMP Professional Business Practices in Photography 6th Ed. [may be a 7th out] isbn 1-58115-197-7 and good luck. As long as you two agree and it's in writing, tho it's pretty rare for the model to sell photos unless that's what you contract to do for her.


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