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Rights to photos if you are in them??

  • 19-05-2012 11:24pm
    #1
    bigbadcon
    Registered Users Posts: 507 ✭✭✭


    Hi folks,

    I'm doing a website for a friend who was in a tv show a couple of years back that got huge media attention and im wondering if a photographer took photos of her does that give her the right to use that picture on her official website or are those photos still the property of the photographer and she would not be allowed to use them without permission?

    These would have been paparrazzi so she wouldnt have actually given them permission to take photos and it wasnt a photo shoot or anything where she would have known the photographer.

    Hope that makes sense.

    thanks for the replies in advance...


Comments

  • #2
    CabanSail
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 9,047 CMod ✭✭✭✭CabanSail


    I take it that the photographs were taken in a public place and she did not have any expectation of privacy. Assuming that, then the copyright belongs to the Photographer or their employer.

    It should be easy enough to ask permission to use the images and it would probably be granted. This would be the wise way to go. Under the copyright law there are stated situations where images can be used without permission. I think that is for things like editorial comment, education and review. You would need to look at the actual law though and get legal advice.

    The fact that she is the subject of the said photo's has no bearing on the matter.


  • #3
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    it all comes down to the agreement with the photographer and client - if a photographer takes photos of a person both the photographer and client need to know what is allowed to be done with the images.

    if the photos were taken in the past - the photographer (paparazzi) may object to their work being used for commercial purposes (ie. website promoting the person) - have you tried tracking down the photographer ?

    NOTE: photos are allowed to be taken and published once they are taken in a public place or a place with no reasonable expectation of privacy - no model release forms are required - unless the images are used in a commercial manner.

    I can help find the photographer if you wish - there is not that many paps in Ireland.


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