Question about professional photos

[StrawberryMumma]

Hi!

Just wondering if someone can tell me, if you have professional photos done (they are then copyright I assume) you can't then go and use them for something like a website, or a competition can you?

Thanks!

[*EJ*]

I'm not really sure about copyright rules. The photographer i use gives me the negatives and a disc that the photos are on so i assume i can do what i want with them.

[Visitor8]

yes it depends. Who was it with? Can you look on their website? Or give them a quick call?

I have heaps from Portrait Place, all are copyrighted. I also have some from another photo place but I got the disc and the copyrights

[Snacks]

I would be very surprised if your professional portraits aren't copyrighted.
In regard to having them on a website, you may be able to get permission or negotiate something. I would think it'd be pretty bad form to use them for a competition.

[Visitor8]

It depends on the place Amy I have photos that aren't copyrighted. When I purchased the package, I got a CD with all the photos AND the copyright for them all

[suse]

Strictly speaking, all photographic work is covered by copyright, and may only be used for the purpose/s that it was created for, and for no other purpose without express permission by the photographer.

However, some photographers choose to waive copyright, which means that they give the client the right to use it for other purposes. It should clearly state this in the contract you sign with a photographer if this is the case. Otherwise the default law is that the photographer retains copyright over their work. Inherent copyright is still retained even if the photographer supplies digital files of the work, however, the contract should include a usage clause which details the allowed usage.

When you ask about entering in a competition, I am assuming that you are talking about something like a 'cutest baby' photo competition, not a photography competition? It is unlikely that a photographer would allow entry, as the competition organisers specify uses which countermands the photographer's inherent copyright. It can not be guaranteed that the organisers would respect a request to give credit to the photographer, so it is not in their commercial interest to allow it. Many competitions such as this have an entry clause requiring that only work by the entrant may be submitted anyway.

[Snacks]

It depends on the place Amy I have photos that aren't copyrighted. When I purchased the package, I got a CD with all the photos AND the copyright for them all

Consider me surprised

[Visitor8]

lol

It's Tiny Treasures photography incase anyone was interested. I didn't realise it was so hard to get professional shots where you owned copyright after :?

[~Saram~]

Lee - I have negiotated with a couple of different photographers for using their photos on websites. Generally I go into the meeting knowing what I want to use them for so we do a phootshoot for the purpose of using the photos for promotions. Generally the copyright stays with the photographer and I acknowledge this under the picture, sometimes you can negociate price by offering advertising on your website etc. On two occassions I have purchased the entire copyright of the photos but these were from photography students so they were more happy to have the money :-)

oh did you mean a commerical website or a photo sharing website?

[danniellabella]

The photographer owns the copyright, however some places (Like Portrait Place) will sell the copyright to you.
I'm starting out in the photography business and for people I know, I currently let them use the photos as they wish, but make it clear that they are not to take credit for having taken the photo, and that I own the copyright which means that I can use a photo of them for any promotional purposes without their permission.

If I discovered someone using one of my photos and taking credit for having taken the photo then they are breaking the law.

[ChrissyT]

I don't personally sell the copyright to any of my images...that remains soley my ownership.

What you do get when you purchase any digital file is full reprinting permission - this should not be confused with copyright.

If I have clients who want to use images for websites/commercial use etc - then permission is given for this use in the initial release form and I am paid accordingly, even through word of mouth advertising through recognistion as the photographer - magazines and newspapers will always have the photogs name beside an image...otherwise images are for personal use only - I wouldnt mind an image of mine being entered in a competition for a 'cute kid' or something - but I definately wouldnt want someone winning a trip to the US for eg in a photo comp after using my image if I haven't been compensated for the copyright of this image