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View Full Version : Couple of legal questions (a little more specific than usual)


Picture North Carolina
15th of September 2009 (Tue), 22:28
Perhaps better fit for an attorney, but there's lots of smart people here, so....

Question 1:

Did a shoot for a magazine of a business (editorial, not advertisement). I was an assigned freelancer. They've been published, licensing period to magazine has expired, I now own full, complete rights. Can I use these pictures for an advertisement? On one hand, the normal answer might be no because it's of private / personal property. But on the other hand, the shoot was done with the invitation and permission of the owner, albeit for the magazine article.

Question 2:

In the advertisement, can I say something like "You've seen our photography in xxxx magazine" without the magazine's permission? No implied endorsement, just a statement of facts.

Thanks.

tim
15th of September 2009 (Tue), 23:26
If you own copyright and have appropriate model/property usages signed then i don't see what you can't use it. Read the wording of your property release.

You should probably ask a lawyer, since getting the answer wrong could be expensive.

Picture North Carolina
15th of September 2009 (Tue), 23:34
If you own copyright and have appropriate model/property usages signed then i don't see what you can't use it. Read the wording of your property release.



No property release. It was the usual editorial situation where the business owner was more than happy to have the free promotion of a magazine article written about him.

tim
15th of September 2009 (Tue), 23:40
Go get a property release.