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

[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

[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.