Sunday, November 19, 2023

Your Shot?

Whether the photo is of your wedding or is taken as you arrive at a glamorous event or awards ceremony (not that the latter two are mutually exclusive) or even if it the one-in-a-million passport photos that turns out to be flattering, is it yours?

Probably, it is not yours to do with as you please. As technology advances, the things that one could do with a great shot are multiple, if not myriad. One can upload it to a website and have it returned in a frame. One can edit it with an application to remove unwanted elements in the background. One can give it to ones webmistress or editor to adorn ones website or the back matter of ones novel.

A photograph belongs to the photographer, not to the poser (or subject of the photograph). The shot may not belong to you, even if you pay for it unless you obtain a written assignment granting you all rights in the image.

Ned T. Himmelrich, attorney and legal blogger for Gordon Feinblatt LLC, explains succinctly here: 

He also offers excellent practical advice to photographers, including amateurs, and also a warning about the subject's possible right of publicity.

All the best,

Rowena Cherry 


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