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7 answers

You can't sell them - this is a violation of copyright.

And, you can't make copies and give them away if that in any way could diminish the rights of the owner of the copyright.

You can make copies for your own "fair use." there is no hard and fast description of "fair use" though, so be careful

2006-09-18 05:12:26 · answer #1 · answered by John the Revelator 5 · 0 1

If you took the photos, you alone have the right to reproduce them. Similarly, if someone else took the photos and you just bought a copy or just paid for the developing or something, then that someone else has the exclusive right to reproduce them. There are a few "fair use" exemptions to that right, but they are pretty well defined for visual images and photographs (as distinct from other types of copyrightable works). If you are not using the copies for teaching purposes, for journalism or criticism of the works, or something very narrow like that, then you probably would not be eligible for a fair use exemption. Your question is a little unclear, so I hope this addresses your concerns.

2006-09-18 07:43:47 · answer #2 · answered by BoredBookworm 5 · 0 0

It all depends upon your arrangement with the photographer and what rights he chooses. He can sell you full rights. In the traditional Portrait Photography business model, the photograher charges very little for the sitting....that way you are not out any money unless you are pleased with the results. Now, the photographer must still find a way to be profitable. He or she has invested a lot of time in learning to be skilled and the equipment is expensive. The studio and cost of doing business are expenses that must be covered. In this scenario, the photographer will charge according to images that you accept choose to have printed. These prints are fairly expensive. You are not paying for an 8X10 sheet of paper.....you are paying for all the time and talent to produce a pleasing result. For you to copy these images would take away the ability of the photographer to earn a living.

I personally don't think this business model is working any longer. With advent of digital cameras and scanners, folks can just copy all they want. In my business, I am very good at what I do. I charge a healthy sitting fee up front with a money back guarantee (I've never had anyone ask for their money back). The price of my prints are 25% over whatever they cost me. This covers me running back and forth to the lab. If the customer chooses to print their own and take care of this part of the process, I give them the files on a CD and in a high level JPG format with the understanding that they will be resposible for keeping up with them unless they would like me to archive them for a small fee. There is no reason for me to keep them if no further income can be obtained from them. I once had a student who's wedding photographer gave her the files, but in a RAW format knowing full well she did not have the skills to process the images. Labs will not accept RAW files and I would never turn a client loose with these unless specifically requested.

As the artist, the photographer has rights to all of his original artistic property. He is limited by what he can do with your image unless you sign a release. He can't publish you photo or sell your photo to someone else unless taken in public access in a journalistic setting, hence paparazzi.

OK...I'm off my soapbox now...probably more than you wanted to know!

2006-09-18 07:37:42 · answer #3 · answered by digitaldooda 2 · 1 1

The copyright is owned by the photographer. If you copy them and the original photographer discovers that you have made copies, he/she can require that you stop -- IF he/she can prove, legally, that they took the original photo.

2006-09-18 06:23:47 · answer #4 · answered by paleblueshoe 4 · 0 0

Yes. You only bought the images not the right to duplicate or make copies. Basically, this applies to any photos taken by someone other than yourself.

2006-09-18 10:44:33 · answer #5 · answered by Anonymous · 0 0

Most professional photographers retain the rights to the image, what you are buying is the actual copies, and legally you have to go to them to buy more. I believe.

2006-09-18 05:07:52 · answer #6 · answered by kheserthorpe 7 · 0 0

if you took the photo yourself you can copy it - but if you had them done by someone say like walmart no you can't copy them - ok you aren't supposed to but people do

2006-09-18 05:08:56 · answer #7 · answered by Anonymous · 0 0

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