Image Rights Clarification

krazyklown

Hi,
For the last two years I have contributed photos for the local annual parish magazine. Normally i send in a cd with pics from the year and let them choose what they want to use.
A coupe of weeks ago i was out and about and met a gentleman riding a jig (two seat contraption attached to a pony). I asked if i could take a couple of shots and he was happy enough to oblige. As we chatted i mentioned that they may appear in the mag. He vaguely knew me (i work in a pharmacy where we print pics instore) and i told him to call in and i would give him a couple of prints.
Anyways he called in on saturday and asked were the photos being used in the magazine, i explained i didnt know yet as it wasnt up to me, to which he responded that the editor never contacted him for his permission. As subetly as i could i explained that the photos belonged to me and that the only permission needed was mine. On hindsight im not so sure, can somebody clarify what is the legal position is?
For the record i dont get any monetary reward, just the pleasure of seeing my work being used!
Cheers

AnCatDubh

Don't know if you'll get a definitive position. It seems to be a case by case basis that these things get decided. You are correct afaik that you saw through the viewfinder and pressed the shutter release thus you own the copyright of the image - period. However (deep breath as this is where it all gets fuzzy), if a person is clearly identifiable in the image (the subject thereof), then you should be in a position to get a model release signed whether the 'model' is being compensated or not. If not clearly identifiable then it doesn't become an issue. Another sticky of the law is if there is presumption of privacy i.e. someone walking about the house in their next to nothing gets photographed by you and published - the law would take a dim view of your action of photographing the subject as they have a presumption of / right to privacy. If its a general scene that you are shooting then i think the first statement applies - you have the image rights and copyright so use away to your hearts content.

Check out digital rights ireland for some extra on the topic (probably more definitive than what i have posted here)

** normal disclaimer ** the above most definitely isn't legal opinion and don't for a moment use any of this advice if an issue is coming of your use of someone's image. This is the general chat that would appear on these forums from time to time.

sheesh

jesus you could have dug yourself into a hole there! The smartest thing to do , there and then, is to ask him if he minded it being used that way he can say yes or no. and tell him that you would let the editor know that it was alright.

yes you own the copyright to the images but for commercial work you need a model release. if there are adverts in the parish newsletter it might be seen (by the guy) as a commercial enterprise.

I think for an easy life I would suggest one of 2 things to do.

Contact the editor ask him to ring the guy to ask for permission to use the image if its going to appear. Its not that he has to but its what the guy is expecting and it would ease any unpleasantness. Remember you meet this guy in work so one has to be pleasant.

or

Ring the editor and tell him under no circumstances should he use the image of the person. problem solved. tell the guy that you took the picture of that the picture didn't come out right when you looked at it in full scale.