I obviously don’t expect actual legal advice, but I’d like to hear your feelings about this situation:
Nine years ago a friend came over and took some photos of me. I needed one
to submit to my high school reunion “memory” booklet. This friend had once been
a freelance photographer, so she kept the CD of all the pictures from the photo developer
(presumably for her portfolio). I treated her to ice cream as a “thank you.”
There was no written agreement between us. I now want to use one of the photos she took of me
for promotional purposes for a book I’ve written. It’s up to my publisher where the photo will appear
(in conjunction with online book reviews, for example), but it will not be in my book itself.
Would you only use the photo if you had the friend’s specific permission?
We had a falling out a few years ago, and she hasn’t spoken to me since.
I sent her a Facebook message about this…but I don’t expect a response if she’s still mad at me.
The obvious solution is to get another photo taken…but it’s not that easy, and this is the ONLY one of myself
I have ever liked. I’d prefer to avoid doing that if possible. Thank you!
Yes to both. (I’ve been a photographer for a living for almost 20 years now. She has the copyright on the image, absent an agreement stating otherwise. You should contact said friend if you want to use the image. I personally probably wouldn’t give a shit if you’re a friend of mine or would only request a very nominal fee [most likely dinner or a bottle of whiskey.])
But why in the hell would you print a nine-year-old photo? Get a new one taken.
Is that just as a contractor, or would that apply to regular employees as well? I have employees take pictures of dogs, but I have always assumed that those pictures ultimately belonged to me. I do get written permission from the owner of the dog first as well.
Again, not real advice, but I think you’re covered if they are your employees. Do they have a work contract covering their job descriptions? If it says their job includes photography as assigned I’d think your covered. You might want to check with a lawyer though. When I worked at an aerospace firm I occasionally took photos for our website etc. I’d never consider that I owned the copyright.
Generally any work that you do while an employee of an organization, in your role as an employee of that organization, belongs to that organization. That is what I was told after asking about my rights to some course materials I had written for the school at which I worked for a couple years.
This is a standard provision in contracts of employment. Not sure if it’s a provision that would be implied if the contract was unwritten, and there was no explicit provision about this.
I’d prefer to avoid doing that if possible. Thank you!