Do I own the copyright to boudoir photos I took, and can I post them without a model release?
Asked 9/20/2018
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2 answers
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I photographed a boudoir session at the subject’s home after she contacted me through Instagram. There was no written contract, no payment, and no discussion of copyright ownership or a model release. After I delivered the edited images, she later asked me not to post the more revealing photos. Months later I posted one image, and she demanded that I remove it.
In this situation, does the photographer still own the copyright by default? And even if the photographer owns the copyright, is it legal or safe to post intimate photos of a recognizable person without a model release or consent, especially in Florida?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
133
So do I own the copyrights of the picture and can I post it ?
You definitely own the copyright but you may not have the right to publicly display the image. Most photographers get a model release as a CYA, and it sounds like you don't have one. Given the sexually explicit nature of the photographs, your image may also be subject to revenge-porn laws in your area.
my Instagram is explicit photos of girls, she knew that once she asked me to take the pictures. she knew where they would go. she only changed her mind after her boyfriend got upset.
This is an ABSOLUTELY TERRIBLE UNETHICAL PERSPECTIVE TO TAKE.
As a boudoir photographer, people are posing for you in their most vulnerable state. You need to give this, and them, the utmost respect. If the client asks you to never post an image, then don't. If they initially agree, and then change their mind, then take the image down.
Not respecting this will quickly lead to you losing your reputation in a business where reputation matters more than almost everything.
Originally by user67377. Source · Licensed CC BY-SA 4.0
user67377
7y ago
0
Generated from our catalog & community — verify before relying on it.
In general, the photographer owns the copyright by default unless there was an agreement transferring it. So based on what you describe, copyright likely stays with the photographer.
But copyright ownership is not the same as having the right to publish or publicly display a recognizable person’s intimate image. Separate issues can apply, including model releases, rights of publicity/privacy, and potentially laws covering non-consensual sharing of explicit images. Several responders specifically warned that, in Florida, posting intimate photos without consent could create legal risk.
Practical takeaway: owning the copyright does not automatically mean you should or safely can post the photo. For boudoir work, get clear written permission and a model release before sharing any images. If the subject asked you not to post intimate photos, especially after noticing accidental exposure, the safest course is to remove them and consult a qualified lawyer for legal advice.
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