Discussion:
What is the name of your state? Mississippi
A photographer has been taking my pictures to use on a website. I have some payments, but not everything I was promised. We had no contract, nor did I sign any model release. I am considering starting my own site. Since I did not sign a release, do I have the rights to the photos he has taken, or does he have the rights since he was the photographer? Also, does having a watermark on the pictures mater? Thanks
Answer:
Since I did not sign a release, do I have the rights to the photos he has taken, or does he have the rights since he was the photographer? He has all of the rights to the pictures as the photographer. A release is only to protect the photographer -- it basically serves to "prove" that the photos were taken with the consent of the model, and outlines their understandings over the use of the photos. But the lack of a model release does not change the fact that the photographer owns the photos.
EDIT: If he is using the photos in a commercial advertisement, or in such a way that implies that you endorse a certain position, product or service, that's not allowed without permission from the subject of the picture (you, in this case), and if you were to sue him, he would need to prove that he had your permission to use the photos in such a commercial manner, which would be hard to do without a contract or release.
But if he is just selling your photos, or if your photos are just in his website, he can do that.
Also, does having a watermark on the pictures mater? No.
If you are going to be working with a different photographer for your own website, you should have a release prepared (preferably by a lawyer) that explains what you are paying for (or not), and what rights (if any) you want the photographer to retain. You can have the photographer sign a contract that gives YOU the rights to any photographs he takes of you (or for you), but you need to get such an agreement in writing to make in enforceable, and absent such an agreement, the photographer will own the rights to the pictures he takes, even if you pay him to take the photos.
Answer:
So the photographer can continue to sell photos he took of me (whether paying me or not) without a model release? I thought the model release gave him the rights to use my image, and that without a model release, he could not use the images (at least for profit). Thanks for the response.
Answer:
So the photographer can continue to sell photos he took of me (whether paying me or not) without a model release? I thought the model release gave him the rights to use my image, and that without a model release, he could not use the images (at least for profit). Thanks for the response. Yes, he owns the photos, he can sell them if he wants. He can't use them in advertising, like I described above, without your permission, but he does own the photos, and can sell them if he wants. If you don't want him selling your photos, you could try and purchase the rights to the photos from him.