COPYRIGHTS & PHOTO OWNERSHIP

Common misconception: Just because a photograph is "of" you does NOT mean it "belongs" to you.

Federal law, in fact, states just the opposite.

The Federal Copyright Act of 1976 clearly states that "the creator" (the photographer) owns the copyrights to all photographs he or she creates and therefore has a legal right to determine how they may or may not be used and the only exception is if the model (or client) draws up a written contract and has it signed by the photographer prior to any shooting stating that the work will be a "work for hire."

The legal copyright holder of any proposed images (the model or the photographer) should be clearly stated and agreed upon in writing by both parties as the first item in the contract every time you do a photo shoot. (If you do not have a written contract, signed by the photographer, then the photographer is the legal copyright owner.

With that said, even when a photographer owns the copyright of a photo of a model - the photographer cannot legally publish or sell the photo without a signed model release.

Some exceptions to this rule:

Photographs taken at public events and/or photos that are considered newsworthy, in most instances, do not require a release.

Photos taken of a public person (a celebrity for example) in a public place do not generally require a release.

Photos taken of an individual wherein that individual is "unrecognizable" do not require a release.

A model, however, can not reproduce, copy or publish photographs taken of himself/herself by any photographer without a signed publication release from the photographer - even if the model paid the photographer for the shoot and/or paid for prints or copies - and there are no exceptions.

 
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There are thousands of fake modeling and talent agencies and a relatively small handfull of real ones - especially in the state of Florida - so feel free to send an e mail with your name, stats and a small jpg photo or two and we will try to point you in the right direction.

  questions and comments are always welcome!

 

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