I know I’ve not been around much of late but we all have other things to do. Anyway, in the studio last Friday a young lad came in looking for a photographer to do some shots for him to send to “ diesel and kswiss “. To cut a long story shorter, I took his photos and sent him thumbs of the best 22, after working on them a while(over eight hours in total over the weekend). He emailed me to say he loved them, could I send him full size copies of his favourite 9? With the reply I asked if he would consider a £5 per copy charge. No reply came. Tuesday he came to see me and asked if I’d release copyright to him as he actually owns the rights to his image. During the conversation it transpires he is planning to send these photos to sky for some campaign or other.

So,

Should I give him first use rights to the images?

Should I give him the originals and hope to get some sort of recognition?

Should I gamble that he is a blagger and ditch the project?

Should I have sorted this out first? Is so how?

Thank you for your time people.

Promise to post something good soon.

Zachary Hunt.

any person not in "public interest" owns all rights to images of him/her. that is f.i. why a model release usually transfers all rights of the image of the person to the photographer, details may vary.

it's always better to sort these things out before the shooting starts...afterwards it may be become awkward discussion, especially when prices are to be discussed....

You gain nothing if you abandon the project, and you may even lose any of his future business. If you reach an agreement with your client, you gain respect, as well as the possibility of more recognition (more business). I'd chalk this one up to experience and have things settled, and in writing, before hand.

The PACA Copyright Commandments: Know Your Responsibilities…

• 1. When it’s created, it’s copyrighted. Use the copyright notice.
•  2. The photographer or his agent has the exclusive right to exploit the copyright in each image. That right is for the life of the photographer plus 70 years.
• 1. Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.
• 1. Any unauthorized use constitutes an infringement.
• 1. Penalties for infringement are monetary and can be severe.
• 1. Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.
• 1. Exceeding the terms of a license has been held to be an infringement. A new license is required prior to additional use.
• 1. An artist’s rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.
• 1. Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.
• 1. Reference use of a photograph or any part thereof requires the permission of the copyright holder.

@doug: the copyright issue is essential but only one part of the story (at least for German law?); the copyright holder may not do with "his" image what he'd like to do if this affects the personal rights of the depicted person; that is "transfer of the image rights " including publishing has to be agreed as well.
most model releases consequently contain a) explicit transfer of copyright and b) explicit transfer of f.i. publishing rights to the photographer, retaining similar publishing rights for (unaltered) images to the model. commercial issues are mainly to be negociated independently.

I think a model release has to be distinguished properly from a contract for work and labour with a photographer, f.i. for portraits or a wedding - that is what Zachary is asking for in my view...

the photographer has sole right of copyright, so no one can sell the photographers work (legally) without permission.. a written agreement prior to shooting was definitely the way to go to save problems afterwards..

do like your photo here.. he'd be a fool not to want these! hope you can get it worked out :]

photography releases- (or google for)

http://market.renderosity.com/mod/forumpro/showthread.php?message_id=2353527

http://market.renderosity.com/mod/forumpro/showthread.php?message_id=1732787

http://www.danheller.com/model-release.html
(Physical Ownership and Usage Rights)

rec. book every pro photographer should have
(ah! in the US that is, doesn't appear you are in the US though but could help others)
ASMP Professional Business Practices in Photography
by American Society of Media Photographers

http://www.amazon.com/gp/product/1581151977/102-4325926-2651361?v=glance&n=283155