View Full Version : I'm Confused
11th of July 2010 (Sun), 19:58
Ok, I was at the beach and shot someone on a sail surfer, and the person wants me to send him some shots I took. When I sent 4 of them I inserted my business name, and the guy got pissed with me. He said I should give him all the shots and he would give me permission to use them. Do I actually need his permission to use the pic's....say for selling to someone? Thanks in advance. Stephen.
11th of July 2010 (Sun), 20:32
Depends on who you are selling them to. If it is for editorial usage (Newspaper, magazine, etc.) you do not need his permission for anything. If it is for commercial use (Oakley Sunglasses, sail surfboard company, etc.) you need him to sign a model release.
The only one who needs permission to use the photos is him. You own the copyright and he can't do anything with them, including posting to his facebook page or making a $0.19 print at Walgreens, without your permission.
Tell him for $1,000 you will give him permission to use your photos and see how he likes those apples.
I am assuming this was a public beach and not shots of someone involved in some big time competition. If not, other issues might come into play but seriously doubt it. The only other issue that might limit what you do with them is if the subject is under 18, but again, even that is very doubtful.
DISCLAIMER: I am not a lawyer and I don't even play one on TV. Consult one, preferably not one named Ben Matlock, for official input. :-)
11th of July 2010 (Sun), 21:08
Correct public beach and the Atlantic ocean thats it. The guy was a solo surfer. I actually told him I did not need permission. Thanks Big K for your thoughts. Stephen.
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