Photo Copyright

[Shane Cobalt]

Hi Guys and Gals,
Copyright question.
I did a photoshoot with a friend with someone and it was free they wanted to add to their portfolio and I needed photos to use.
After the fact we had a falling out.
My friend and I had a falling out and the photographer was their friend. I received the photos in digital format but have been contacted by the ex friend who says the copyright isn't mine to use those photos.
Thoughts?
-Shane

[Pokie-Poke]

I'm not a lawer (duh) but if the photos were given to you to use befor the falling out then thay are yours. All the same if you think it will be a problem get new photos. and tell them thay have no right to your image.

[Frisbee]

was there a model release form to give your friend the rights to your photos?

If a photographer wants to use a photo for his purposes it is standard that they have you sign one of these forms, otherwise, you can likely say that your image is a part of your professional property and he can not use it in his portfolio.

[Josh Casey]

I think it's the other way around. The photo belongs to the photographer unless stated in an agreement. Once the shutter goes, the image belongs to them.

[Frisbee]

I was meaning in terms of the photographer trying to use your image commercially.
WIthout a model release form it is against the law to use that photo for commercial purposes and gaining from it in any way.

The photographer does own the right to the photo though as far as I can see, unless as posted already that you made an agreement before the falling out.

I dunno, but if you really like a photo or two and do not think it can be reshot with a new photographer I would look into what you can do.

[Evan Young]

It's pretty petty of them to take the photo away from you because of a falling out. Did the guy email the photos to you and state that agreement? or is it just verbal? If you have the origional agreement in email then they don't have a leg to stand on. And I think they can use any photo they took for a portfolio
Personally, I wouldn't want some other artist out there feeling like I was taking advantage of them or their work, so I would try and drop it.

if you live near Lancaster PA I can try to take new promo shots of you for free sometime this winter. I'm getting some lighting stuff and I have a seamless backdrop already, so I'll need some people to practice on.

[scot]

if you don't think he'll take you to court, use them. who cares. it's too expensive for him to sue you and if you use them for things that aren't sold by you like posters, he doesn't have as much of a case for getting money from you.

I would probably say, I really love the photos you took and I would not take back any gift I have given to you. I would love to use them if at all possible and would be willing to pay a fee if you have no soul left.