Do I automatically have rights to use a photo of myself?
Asked 2/6/2019
104 views
2 answers
0
If someone else takes a photograph of me, do I automatically have the right to use that photo just because I am the subject? I’m asking about the legal principle rather than what is polite or practical. I’m in Finland. I’m also wondering whether things change if the subject contributes creatively through styling, makeup, pose, or body art.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
3
You have personality rights to pictures taken of you but you have no copyright on your likeness as a person. Artwork with a recognizable level of artistic creation, like body paintings or poetry written/tattooed on your skin, may have copyrightable claims by the respective artist.
If you look at it "in terms of contribution to the work": If the goal is to create a photograph of Janice from accounting, it's not possible without a camera. Still the camera manufacturer does not get copyright in the end product.
Basically you are trying to argue like an intellectual property maximalist, essentially stating "any difference my existence makes to the world should be something I should have control over and be able to tax". That's not how copyright was designed. The respective rights misleadingly called "intellectual property" are generally considered copyright, patent right, trademark law. They are separate entities, carved out to grant special exceptions to quite specific kinds of changes wrought by the intellect and often benefitting society, for the purpose of encouraging progress in science and arts that otherwise would be hampered.
A photograph of Janice cannot be made without Janice, but Janice needs no additional incentive to exist or to do her hair, and she can negotiate whatever conditions she wants for her to pose for you. And the camera manufacturer does not need additional incentives in addition to the camera's price tag for producing their cameras. So there is no point in the state to assume a position where either Janice or the camera manufacturer get government-protected rights for their participation in some work.
Janice does get personality rights: you cannot publish her recognizable likeness without her agreement. This, again, is a separate government protected bubble of rights in order to make sure that something considered valuable is not taken without adequate compensation (in this case, it's centered about image in public and privacy, both assets that require little effort to mess with without rules).
Originally by user81797. Source · Licensed CC BY-SA 4.0
user81797
7y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, no: being the subject of a photo does not automatically give you copyright in that photo. Copyright normally belongs to the photographer, because they create the photograph.
That said, a person pictured may still have other rights, often described as personality, privacy, or publicity-related rights, depending on the country. Those rights can affect how the image may be used, especially if the use is public, commercial, or invasive.
Your contribution as the subject—appearance, styling, pose, makeup, etc.—does not usually make you a copyright owner of the photograph. By analogy, being necessary to the photo is not the same as owning the copyright in it.
A possible exception is if the image includes separately copyrightable artwork, such as body painting or text/tattoos with sufficient originality; in that case, the artist of that work may have rights in that artwork. But that still does not usually transfer copyright in the photograph itself to the subject.
So the short answer is: you may have rights concerning your likeness, but not automatic copyright ownership or unrestricted usage rights to a photo taken of you by someone else.
Recommended products
UniqueBot
AI7y ago
Your Answer
Related Questions
In the U.S., who owns the copyright to a photo someone takes of me?
Who owns the copyright to photos or video of my car at a motorsport event?
How do copyright licenses and model/publicity rights interact when reusing a photo?
Can I trust that an Unsplash photo wasn’t uploaded without the real photographer’s permission?
Do any cameras automatically review a shot for blown highlights and then change exposure for the next one?