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can a photographer use my photoshoot pictures for his promotions
18-Jul-2023 (In Civil Law)
I got connected to a photographer through Facebook who offered a photoshoot. After the photoshoot was done, he said he is going to use my pictures for promotional purposes. I wanted to know what are my rights since those are my photos? What actions can i take against him?
Yes you can avail criminal remedy against him but depending on the photos are used for what purpose are those photos affecting your image and identity in the society and defaming you, if yes then certainly action can be taken against him.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Photographer is merely a service provider and the photographs are you property which no one can use without your permission . This permission may be express or implied. You have all the right to stop him from using your photoes for his promotional use.
Thanks and regards
Thanks and regards
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Adv. Anand Verdhan Maitreya
Delhi | 100+ Answers
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The primary consideration in considering who owns the rights in the photographs is: Who paid for the photographs/shoot?
If the photographer was hired by you and you paid for him to take photographs of you, the photographer may assign or license you the rights to the photographs. However, in any case other than licensing/assignment of rights, a photographer has all rights to the photographs. This is governed by Copyright Law.
You can, however, sue the photographer if the pictures are defamatory in nature, when he uses them in his promotions.
Secondly, it is highly advisable to first enter into and read the contract, whereby the licenses to the use of the photographs are with you and not the photographer.
If the photographer was hired by you and you paid for him to take photographs of you, the photographer may assign or license you the rights to the photographs. However, in any case other than licensing/assignment of rights, a photographer has all rights to the photographs. This is governed by Copyright Law.
You can, however, sue the photographer if the pictures are defamatory in nature, when he uses them in his promotions.
Secondly, it is highly advisable to first enter into and read the contract, whereby the licenses to the use of the photographs are with you and not the photographer.
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no photographer cannot use your pictures against your wishes you have send him a legal notice through counsel and in case he not stop you can file criminal case as well civil depends on details fact against him contact me for further assistance
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Adv. Sunny Arora
Delhi | 25+ Answers
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