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Old April 2nd 04, 06:46 AM
Marc 182
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Default Do you guys sell the negative or jpg file to customer?

In article ,
says...
SD writes:

If I had a photographer take a picture for me, I'd want the negative and
all rights associated with the picture.


Your expectation is unrealistic unless you are paying a great deal for
the photos. Even then, you generally won't get the copyright itself,
jsut reproduction rights.

For example I'd never hire
someone to click my wedding pics/family pics if I didnt have the
negatives. I want those for life, not for the life of the photographers
business who as you say makes good money from reprints.


Here again, you may have to shop around for a long time.

IMHO the photographer has made his share of the money in the fee for clicking the
picture.


That is often true, which is why I don't try to make money off prints.
The exception is photos that have additional value beyond what they
represent to the original client commissioning them (as stock photos,
for example).

Also I would not want my pictures to be displayed anywhere in
the photographers shop or used as stock photos or anything else without
my explcit permission (which I would never give).


Now I'm beginning to wonder if you can find anyone at all who meets all
your conditions. Few photographers are going to relinquish this right.


No such right exists. While the photographer does own copyright to the
photos he takes, that does not give him the "right" to use images of
customers for commercial purposes. Only if the customer (now the model)
signs a model release does the photographer get that right, and even
then the photographer must now confer something of value in return.

Use of an image in a portfolio or on the wall of the shop is debatable
as being commercial. Selling stock photography of customers without
their express permission is a definite no-no. Photographers have been
badly burned in court on this after being "caught" by their customers.

As for film this is easy to enforce but digitals is another issue, the
photographer can just make file copies for himself, but I can tell you
I'd be mighty ****ed to see a photo appear somewhere that I was unaware
of and would never recommend that photographer.


You'd have a right to be. If your image turned up in an ad somewhere,
and you never signed a release, you'd have an actionable case.

Marc