Who owns copyright in photos I took of performers at a restaurant show in Thailand?
Asked 10/15/2015
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2 answers
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I’m an Italian citizen living in Germany. While visiting Thailand, I photographed performers during a dinner show in a restaurant. I couldn’t get any model releases or signed permissions.
In this situation, who generally owns the copyright to the photos: me, the performers, or the venue? Does it matter whether the show was considered “public” or held in a private restaurant? Also, what are the practical limits on using the photos, since copyright ownership may be different from rights related to the performers’ likeness or permission to photograph them?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
5
I don't know Thailand law specifically, and you should probably ask a lawyer familiar with the law there and in your own country of residence about it, but generally speaking, unless you are doing work for hire, the copyright holder is the one making artistic decisions about the image in much of the world, in this case, the photographer.
That may not mean that you have a right to use the images though. There are many rights other than copyright that may impact the contents of a picture. Some jurisdictions have rights for the use of someone's likeness and their may be rules about your actual right to have made an image in the first place that could still impact you.
What copyright does do for you is that it prevents someone else from using your images without your permission. It may not be all that is necessary to make sure that you have a right to use the same images though.
Originally by user11392. Source · Licensed CC BY-SA 4.0
user11392
10y ago
0
Generated from our catalog & community — verify before relying on it.
In general, the photographer usually owns the copyright to photos they create, unless the work was made as a work-for-hire or under some other agreement. So based on the answers given, you would typically own the copyright in your images—not the performers or the restaurant.
However, copyright ownership is separate from the right to use or publish the photos. Other laws may still matter, such as privacy, publicity/personality rights, venue rules, or restrictions on photographing the performance in the first place. Those issues can affect whether and how you can use the images, especially commercially.
Whether the event was “public” or in a private restaurant does not automatically change who owns the copyright, but it can affect permission and usage rights.
Because the photos were taken in Thailand and you live in Germany, the applicable law for publication or commercial use may depend on where and how the images are used. For anything important, especially commercial use, consult a lawyer familiar with the relevant jurisdictions.
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