Models and Copyrights?

Question

Let's say that there's this model.
A photographer takes a picture of the model.. does both the model and the photographer gets the copyright of the photo?
I'm asking this because one of my friend is a model and a photographer asked him to model.
He is worried because the photographer said that it's only for his portfolio, but it might go somewhere else.. such as public websites and God knows where.
If the model doesn't have the copyright.. then the model is screwed?
any comments? suggestions?

Answer 1

Photographers typically get copyright. Even in high-school and class photos, the photographer, unless there is another contract, gets the copyright.

Sorry.

Next time, have the model and photographer sign some sort of contract which places limits on how a photograph may be used, or who actually owns the photograph. You could permit the photographer to use the photo for portfolio purposes only, requiring permission for other uses.

Answer 2

The copyright belongs to the photographer at the time the image is created. I can't imagine any photographer sharing/giving copyright to a model. However, the model should sign a release that can detail in which ways the image may be used.

Answer 3

If you other photographers think just because you have copyright protection from the Copyright Act of 1976 that you are immune from a model filing legal claims against you, you are so wrong. Indeed the copyright belongs to the photographer, but the photographer failed to do one important thing, have your friend sign a model release. The model is entitled to rights despite a photographer holding copyright on an image which include but is not limited to:
*Violation of his/her rights of publicity, which cover the use of any person's image, voice, likeness or name in a commercial endeavor
*Violation of his rights of privacy, which prohibit the use of private information or images of any person
*Claims of being unaware of the age requirements or nature of the work, or use of the content
*Claims of misuse of the content
*Claims of libel or slander by the model regarding the content
*Trademark claims if the model's name is famous enough to merit trademark status

The lesson here to photographers is always make available to any and all models, especially to underage models, a model release. Otherwise, a model can take legal actions against your publicicity of their image.