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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 10 Mar 2013 (Sunday) 03:19
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Photo Rights Advice

 
I23
Hatchling
5 posts
Joined Mar 2013
Location: France
     
Mar 10, 2013 03:19 |  #1

Hi guys - I need a piece of advice regarding a photo I took.

I was on a report for the newspaper here in France about collecting wool, whilst the journo was busy interviewing I went off to look for an 'Image du Jour' and found one.

It was a young boy with his puppy relaxing on some wool sacks and I just caught it right with the puppy licking his face with the inevitable facial expression that goes with that:D.

I asked permission for the photo to go in the newspaper the next day and showed her the image which she did, which is a legal requirement here in France.

Now here is the problem. I can not remember where the heck the farm was so I can not go to ask her if I can use it on my website as an example of my portrait work.

Do I absolutely 'own' the photo as she had given her permission for me to publish in the newspaper and am free to use on my website?

I'm not worried about the rights of the newspaper as they would be cool about me using it anyway.

Many thanks in advance.


Canon 5D2 - 70-200 L II f2.8 - 24-70 L f2.8 16-35 L f2.8

  
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Houston1863
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729 posts
Joined Jul 2009
Location: South East UK
     
Mar 10, 2013 04:02 |  #2

I23 wrote in post #15697287 (external link)
Hi guys - I need a piece of advice regarding a photo I took.

I was on a report for the newspaper here in France about collecting wool, whilst the journo was busy interviewing I went off to look for an 'Image du Jour' and found one.

It was a young boy with his puppy relaxing on some wool sacks and I just caught it right with the puppy licking his face with the inevitable facial expression that goes with that:D.

I asked permission for the photo to go in the newspaper the next day and showed her the image which she did, which is a legal requirement here in France.

Now here is the problem. I can not remember where the heck the farm was so I can not go to ask her if I can use it on my website as an example of my portrait work.

Do I absolutely 'own' the photo as she had given her permission for me to publish in the newspaper and am free to use on my website?

I'm not worried about the rights of the newspaper as they would be cool about me using it anyway.

Many thanks in advance.


Hello I23

I don't know much about French Law but in almost any part of the world that I know, the rights of a picture belong to the photographer since it is his/her work.

Can you please though clarify who the ' her ' referenced in your post is? You say you took a picture of a boy and his dog but then introduced a lady into the discussion. Was this the boy's mother? As you later on stated that she had ' given you permission to publish ', then you are AFAIK free to use the image on your website.

Perhaps other members may offer their opinion here :)


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P51Mstg
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Location: Mt. Carmel, TN
     
Mar 10, 2013 09:45 as a reply to  @ Houston1863's post |  #3

Two concepts here.......

RIGHT TO PICTURE (copyright - you take it and its yours)


WHAT YOU CAN DO WITH IT LATER (IE Ability to use it, right of publicity, etc)


In this case on your website, (even in France) probably not a problem. To sell it for commerical use (to sell something other than as an example of your work), you are going to need permission from MOM and to be safe DAD too...

Mark H


Too Much Camera Stuff......

  
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sspellman
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Location: Detroit, Michigan
     
Mar 10, 2013 10:36 |  #4

First- there are few people here with experience in French Privacy Laws. You really must speak to a lawyer about this. Perhaps somebody else in the group remembers the farm.

According to this, French Law does require explcit permission for each type of use-which you did not get before.

http://photothisandtha​t.co.uk …5/the-french-privacy-law/ (external link)


ScottSpellmanMedia.com [photography]

  
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Dan ­ Marchant
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Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Mar 11, 2013 02:17 |  #5

sspellman wrote in post #15697960 (external link)
First- there are few people here with experience in French Privacy Laws. You really must speak to a lawyer about this. Perhaps somebody else in the group remembers the farm.

According to this, French Law does require explcit permission for each type of use-which you did not get before.

http://photothisandtha​t.co.uk …5/the-french-privacy-law/ (external link)

+1 to all this.
Not only is there the issue of French law but you also need to consider the terms of the contract you were working under while shooting for the paper as that may have clauses that relate to copyright ownership.


Dan Marchant
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I23
THREAD ­ STARTER
Hatchling
5 posts
Joined Mar 2013
Location: France
     
Mar 11, 2013 04:37 |  #6

Houston1863 wrote in post #15697331 (external link)
Hello I23

I don't know much about French Law but in almost any part of the world that I know, the rights of a picture belong to the photographer since it is his/her work.

Can you please though clarify who the ' her ' referenced in your post is? You say you took a picture of a boy and his dog but then introduced a lady into the discussion. Was this the boy's mother? As you later on stated that she had ' given you permission to publish ', then you are AFAIK free to use the image on your website.

Perhaps other members may offer their opinion here :)

Just to clarify the 'her' was the boys grandmother.

Thanks guys for the info and links I will get reading.


Canon 5D2 - 70-200 L II f2.8 - 24-70 L f2.8 16-35 L f2.8

  
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JohnWildgoose
Member
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50 posts
Joined May 2007
     
Mar 11, 2013 08:46 |  #7

a case for buying a 6D and using the GPS function 123!! You could then track her down ;)


www.johnwildgoose.com (external link)

  
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