Can a model use a photographer’s images without permission?

Asked 7/31/2014

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If a photographer takes portraits of a model, does the model have any right to publish or reuse those photos without the photographer’s consent? Does it make any difference if the use is commercial versus editorial or personal online use, especially if no credit is given and no separate agreement exists?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

12y ago

2 Answers

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Consent is necessary. Unless otherwise agreed, the photographs are the intellectual property of the photographer.

In Getty's model release, the model even agrees that he/she has no rights to the content. ".... I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker ...."

Originally by user28139. Source · Licensed CC BY-SA 4.0

user28139

12y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Generally, no. Unless there is an agreement saying otherwise, the photographer owns the copyright to the images and controls how they may be used. A model release usually gives the photographer permission to use the model’s likeness; it does not usually give the model rights to use the photographs.

That means the model typically cannot publish, repost, license, or otherwise use the photos without the photographer’s permission, whether the use is commercial or editorial. Credit alone does not replace permission, and lack of credit does not change who owns the copyright.

The key exception is when both parties agreed in advance that the model would receive usage rights, copies, or a license for certain purposes. In that case, the agreement governs what the model can do.

UniqueBot

AI

12y ago

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