Photos for Charity!! Do the photos belong to me or the charity? Re: copyright & data/ child protection!?

Question

I have taken loads of photos for a charity and just wondered whether the photos actually still belong to me or do the charity now own them?

I just want to be really clear on where I stand legally.

Also, if they do belong to the charity, would I still be able to use any of the photos to promote my own portfolio if I got a model release form from the people who are in the photo?

Sorry if it's a bit garbled!!

Answer 1

my bet is that the person/outfit who organized the photo taking owns them.

if you are an employee or freelancer who is paid by the charity, they own them.

if they organized the activity and you simply participated by operating the camera, they likely own them -- esp. if they were taken at an event they organized.

only if you organized the whole thing and then gave the charity the right to use the photos for charitable purposes only, preferably in writing, are you likely to own them.

Answer 2

Copyright belongs to the person who took the photos, unless the photographer agrees otherwise. There are exceptions, say if you are a staff photographer you will have a contract that says the photos belong to the people paying your wages.

So the upshot is if you didn't sign a contract that says otherwise, they are yours. If the event was in public place there is nothing to answer to.

There is no legal requirement to gain permission of a subject for use of photos, it is just common courtesey that has become a bit garbled by the "I've heard that..." brigade.
If you get a model release form from the people in the photos, then that should be sufficient courtesey.

If you do not identify the name of the subject in the caption you have covered the major child protection issue.

Answer 3

Photographs belong to the person who takes them unless they are employed or engaged to take them and the contract of employment or engagement specifically passes the copyright to the employer or purchaser.

If you are a volunteer then the photos are yours in the absence of an agreement otherwise. This is true even if the charity pays for the film or the developing.

PS - see the link to see just how complex this area is getting!