# Not asking for "real" legal advice... **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 13, 2018, 1:25am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327 "2018-04-13T01:25:25Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Newtosite](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/newtosite/32/8623_2.png) [@Newtosite](https://boards.straightdope.com/u/Newtosite)\ **Post date:** [April 13, 2018, 1:25am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/1 "2018-04-13T01:25:25Z")
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! ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [April 13, 2018, 1:38am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/2 "2018-04-13T01:38:18Z")
This is not REAL legal advice, but it’s my understanding that unless it’s a “work for hire” the person who took the photo owns the copyright. The Official “GaryM” of the Internet ---
**Author:** ![Newtosite](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/newtosite/32/8623_2.png) [@Newtosite](https://boards.straightdope.com/u/Newtosite)\ **Post date:** [April 13, 2018, 1:43am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/3 "2018-04-13T01:43:50Z")
Yikes. But thanks, Gary. 🙂 ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [April 13, 2018, 2:27am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/4 "2018-04-13T02:27:14Z")
1. The photo belongs to the photographer. She gave you one copy to use for one specific thing. 2. Don’t submit a 9-year old photograph of yourself for anything. ---
**Author:** ![Newtosite](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/newtosite/32/8623_2.png) [@Newtosite](https://boards.straightdope.com/u/Newtosite)\ **Post date:** [April 13, 2018, 3:26am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/5 "2018-04-13T03:26:47Z")
kunilou, 1. Thanks. 2. Your point is well taken! 🙂 ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [April 14, 2018, 4:05am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/6 "2018-04-14T04:05:17Z")
> [@kunilou](#): > > 1. Don’t submit a 9-year old photograph of yourself for anything. Except dating sites. People are always to pleasantly surprised to find out that you’ve much older than advertised. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [April 14, 2018, 5:18am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/7 "2018-04-14T05:18:56Z")
> [@kunilou](#): > > 1. The photo belongs to the photographer. She gave you one copy to use for one specific thing. > > 2. Don’t submit a 9-year old photograph of yourself for anything. 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. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [April 14, 2018, 4:38pm UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/8 "2018-04-14T16:38:15Z")
> [@pulykamell](#): > > But why in the hell would you print a nine-year-old photo? Get a new one taken. Maybe the OP is Carrie Underwood. ---
**Author:** ![HelenGawn](https://avatars.discourse-cdn.com/v4/letter/h/a88e4f/32.png) [@HelenGawn](https://boards.straightdope.com/u/HelenGawn)\ **Post date:** [April 14, 2018, 9:50pm UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/9 "2018-04-14T21:50:37Z")
Have your publisher contact her. She’ll likely respond when made a business offer from an established firm. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [April 14, 2018, 10:16pm UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/10 "2018-04-14T22:16:52Z")
> [@GaryM](#): > > This is not REAL legal advice, but it’s my understanding that unless it’s a “work for hire” the person who took the photo owns the copyright. > > The Official “GaryM” of the Internet 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. ---
**Author:** ![Newtosite](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/newtosite/32/8623_2.png) [@Newtosite](https://boards.straightdope.com/u/Newtosite)\ **Post date:** [April 14, 2018, 11:59pm UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/11 "2018-04-14T23:59:50Z")
Thanks, everyone. 🙂 I’ll get a new one taken. ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [April 15, 2018, 12:22am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/12 "2018-04-15T00:22:27Z")
> [@k9bfriender](#): > > 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. The Official “GaryM” of the Internet ---
**Author:** ![glowacks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/glowacks/32/5548_2.png) [@glowacks](https://boards.straightdope.com/u/glowacks)\ **Post date:** [April 17, 2018, 3:49am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/13 "2018-04-17T03:49:24Z")
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. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [April 17, 2018, 5:27am UTC](https://boards.straightdope.com/t/not-asking-for-real-legal-advice/812327/14 "2018-04-17T05:27:33Z")
> [@glowacks](#): > > 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.