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Archive 2012 · Contracts
  
 
JayCeePhotog
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p.1 #1 · Contracts


As some of you may now, I am only 18 years old and pursuing a career in photography.

Recently, I have been at my old high school taking pictures of the sports games in my free time and I ran into some questions that my peers had as well as a potential client.

As far as photos go, do I have the right to publish them on the web even though I don't have explicit permission from the school or the parent?

As far as contracts go, even though I'm not an established business, if I have a contract with an individual, can I sell the photos to him and not get hurt in court if anything may happen?



Sep 06, 2012 at 03:45 AM
cwebster
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p.1 #2 · Contracts


If you are on private property, you don't really have the right to even take pictures without permission, much less use them. But when you say "publish them on the web" do you mean as a part of a portfolio or on FB or for sale or ??

In general, photos taken in public (i.e., not on private property) can be used for art or editorial use without releases, but cannot be used for advertising (i.e., to promote a product or service).

If you do not have permission from the school, you very easily could be forced to take down your photos. You are a student and they have all the cards, if they don't grant permission there isn't much you can do about it.

Contracts are intended to ensure that both parties are on exactly the same page about such items as deliverables, schedule, payment, responsibilities, expenses, etc. Having a contract will prevent many if not most disputes, but won't "protect" you in court should someone sue you.

I suggest you read John Harrington's book "Best Business Practices for Photographers" or the ASMP publication "Business Practices for Professional Photography" to get an idea about how contracts, releases and all that work.

<Chas>



Sep 06, 2012 at 04:04 AM
JayCeePhotog
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p.1 #3 · Contracts


cwebster wrote:
If you are on private property, you don't really have the right to even take pictures without permission, much less use them. But when you say "publish them on the web" do you mean as a part of a portfolio or on FB or for sale or ??

In general, photos taken in public (i.e., not on private property) can be used for art or editorial use without releases, but cannot be used for advertising (i.e., to promote a product or service).

If you do not have permission from the school, you very easily could be forced to take down your photos.
...Show more

Thanks for all the help. That really helped!



Sep 06, 2012 at 05:34 AM
onesickpuppy
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p.1 #4 · Contracts


Might also add....that if your shooting high school sport shots...you really need to check with the athletic group of the school first...as it may be conflict with their program and or an already established shooter approved by the school


Oct 21, 2012 at 01:24 AM
 

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RDKirk
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p.1 #5 · Contracts


If you are on private property, you don't really have the right to even take pictures without permission, much less use them.

Actually, you have pretty much the same right to use pictures taken even while trespassing as you'd have if you'd taken the same pictures from public property.



Oct 23, 2012 at 02:19 PM
BluesWest
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p.1 #6 · Contracts


Actually, you have pretty much the same right to use pictures taken even while trespassing as you'd have if you'd taken the same pictures from public property.

This is news to me. AFAIK, you can take pictures of private property if you are located in a public viewing area, but you are not legally allowed to take pictures of private property -- or subjects within that property -- if you are trespassing on that private property.

John



Oct 24, 2012 at 05:38 PM
obscure
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p.1 #7 · Contracts


RDKirk is correct and Chas is incorrect.
There is no law which automatically prohibits photography on private property a thus requires prior permission. The land owner can prohibit photography (or any other actions) on their land by posting a notice or informing you in person, but until you have been so informed you are free to take photos - and free to sell/exhibit them (assuming you don't breach invasion of privacy laws).

Even once informed, if you choose to ignore the request, all the owner can do is ask you to leave, or call the police and have you arrested for trespass. Even then the photos take are yours to do with as you wish. The land owner and police can't delete the images - only a court order can force that and a judge isn't going to issue such an order on the basis of a simple trespass. You would have to have done something serious (such as the above mentioned invasion of privacy).



Nov 08, 2012 at 04:06 AM





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