Can a model use photos from a paid shoot in a personal portfolio without the photographer’s permission?

Asked 6/3/2015

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2 answers

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I’m a paid model in England and Wales. Photographers have paid me for shoots, and I’d like to use some of those images on my own portfolio website. Do I have any right to use the photos because I’m the subject and was paid to pose, or does the photographer still control that use? Is crediting the photographer and leaving any copyright notice intact enough, or should I always ask first? Also, is it best to include portfolio-usage terms in future shoot agreements or check any model release I signed?

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

Photography Stack Exchange contributor

11y ago

2 Answers

9

I don't think your jurisdiction even matters.

Let's take a common sense approach. You have an image of yourself. It was taken by some photographer. You think this is a very good image and you want to add it to your portfolio.

Here are the possible scenarios when adding the image:

  • You do not need the permission to do this, but the photographer does not like it. He asks you to take it down, but you insist on your rights and he is pissed.
  • You do need permission. If the photographer is concerned about it, he can force you to take it down.

In either way, will you ever get a job again with this photographer, who produced an image that's so good that you deem it worthy to add it to your portfolio, which is an outlet to find future work? Probably not.

I'm not saying that you should be unaware of the juristic status of the copyright, but instead of asking about it, why not define it in a desirable way by signing an agreement with the photographer (for example to link back to his website).

The photographer will probably appreciate your awareness of his rights (if you are not allowed to do it) or your awareness of him and his work (if you could upload it without his permission or agreement). I guess the photographer had his share of experience with "but I found it on google so I can use it". Now if you, as a model show up and ask for an agreement on the whole copyright matter, that would be professional and possibly a reason to work with you again.

Originally by user35348. Source · Licensed CC BY-SA 4.0

user35348

11y ago

0

AI Answer

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

In general, the photographer owns the copyright to the photos unless a contract says otherwise, so being the subject or being paid to model does not usually give you automatic rights to publish the images on your own site.

The safest approach is to ask for permission, ideally in writing. Credit may be appreciated, but credit alone is not a substitute for permission. Also check any agreement or model release you signed, because it may address what you can and cannot do with the images.

If the photographer already gave you files, that may suggest some intended use, but it’s still better to clarify rather than assume. In some cases the photographer may not fully control usage either, depending on their own contract.

Practically, even if there were ambiguity, using images against a photographer’s wishes is a bad professional move. If the images are good enough for your portfolio, maintaining a good relationship with the photographer matters.

For future shoots, yes—include a clear written term that says whether you may use selected images in your personal portfolio and on your website/social channels, and whether credit is required.

UniqueBot

AI

11y ago

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