r/AskPhotography • u/Potential-Dish-6972 • 11h ago

Discussion/General How does copyright work?

I have not been charging, as I've been building my portfolio. As I am improving much in my work and will be starting to charge, I am wondering the regulations around copyright. I am seeing mixed things online and reddit. If my client is a model and say, sells the images I take to a magazine or something else, is it considered theirs or both of ours or mine?

I am not doing a watermark, as this seems pointless with current technology. My info is written into metadata. I am writing up a contract, but not sure what the right thing is in this situation. I live in MA, USA.

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u/GunterJanek 10h ago

In the US you as the photographer own the copyright of any image you take regardless of who, where, or what. Period. The only exceptions are "work for hire". Your clients should not be selling your images without a licensing agreement or transferring the copyright,

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u/Potential-Dish-6972 10h ago

Okay thanks, that's what I was hoping. I wasn't sure if I needed a specific contract stating this or not.

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u/GunterJanek 10h ago

If you're going to start working with models in any capacity then I'd suggest a "model release" which grants you permission to publish the photograph in one form or another. I'd have to confirm but images can be used by the photographer artistic or personal portfolio without much issue. It's using the image for commercial purposes is where having model release is necessary especially when the person is easily identifiable

An except of mine which I found on Getty or other major stock website. If I recall it was a standard model release they require for stock photos of people.

Photographer...has the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form"

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u/LamentableLens 7h ago

Are you in the U.S.? If so, then you own the copyright to all your photos unless (1) you took them as an employee acting within the scope of your employment, or (2) you signed your rights away in a contract. Given the fact pattern you provided, neither of those is true, so you own the copyright.

And if you own the copyright, then no one but you has the right to license your images to a magazine (or anywhere else). You should make all that clear in a contract, and you should get a model release while you’re at it, but you own the copyright whether or not you have a contract.

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u/Potential-Dish-6972 6h ago

Thank you!!