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Rights to use Senator's image

Hi all, this is my first post I have been doing some light freelance work for a couple of years. I came across an opportunity, at the last minute and did not write up a contract. I took pictures for a company, this company was having a Senator visit there office for a breakfast and Q & A. So I have taken the pictures and delivered the CD to the client. Now my question is do I have the rights to do whatever I want with the pictures of the Senator? Like post them on my site as part of my portfolio?
 

Asher Kelman

OPF Owner/Editor-in-Chief
Hi all, this is my first post I have been doing some light freelance work for a couple of years. I came across an opportunity, at the last minute and did not write up a contract. I took pictures for a company, this company was having a Senator visit there office for a breakfast and Q & A. So I have taken the pictures and delivered the CD to the client. Now my question is do I have the rights to do whatever I want with the pictures of the Senator? Like post them on my site as part of my portfolio?
Hi Francisco,

I am not a lawyer so remember that, LOL! Did this occur in the USA? If so and you did not write up a contract, you are an independent photographer and the assumption, AFASIK, is that you own the pictures unless you made an oral agreement otherwise. If they are paying your salary, then they can claim this is your work product. Now let's say everyone agrees you're the © owner, but then what?

Well, are there

  • business secrets?
  • confidential scenes that were not expected to be shown?
  • degrading scenes?

I really have misgivings about giving any CD without the © and Rights use spelled out. So, did you happen to fill in the little boxes in the IPTC dialog box for each file? If not, this is something you must do. One day someone rich will need/take your picture. When that happens you need proof it was not in the public domain and it was your photograph. So do this routinely.

My own view is that I can use any pictures as long as they

  1. Meet the conditions above
  2. Don't burn bridges
  3. Don't hurt the folk involved
Then I caution against using them in a place where by association, the pictures would seem to be part of something noxious when in fact it has no relationship to that. Otherwise, in my own behavior, I'd just go ahead.

Another idea is to say, "Please let me know the 6 pictures that show you best as I am in the midst of selecting my favorites for my own portfolio and use." That way, they know your intent! I don't think that there's anything to stop you using your own photographs, if none of the exceptions I mentioned apply!

Asher
 
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