So a little under a year ago, I lived a photographer who did some of my senior pictures. Well I left on a bad note. I had NEVER signed a waiver for her to use my pictures as advertisement, but she posted and stated she was using them for advertisement anyways. I have tried talking to several different photographers about this predicament, because not only did she use them as advertisement, she bashed me along with the pictures.
Can I use the pictures, WITH her watermark, and WITHOUT editing them myself, to promote my modeling page?
If the photographer took the photos, without compensation or other written agreement, she likely owns the copyright in such pictures. This means that you cannot use them without authorization. It is likely that she has at least implicitly authorized their use for your senior yearbook, but not necessarily any more than that.
As for her use, unless you have an agreement otherwise, it is likely that she will be allowed to use the photos for her portfolio but you need to talk to local counsel to confirm that.
I expect that your use of the photos, with or without any watermark or editing, for your own commercial purposes would constitute infringement upon her copyright rights.
This photogrpaher may owbn the copyright to these photos, but they're subject to your license to use them for your senior pictures (yearbook?).
Morte to the point, OK has a publicty rights law that says that she cannot use your image for ads without your consent. http://rightofpublicity.com/statutes/oklahoma
See an IP'/business litigator ASAP about her unauthorized use.
As for your right to use the photos she took, that depends on what your implied license was for these photos.
Since you've got a claim again her, and you want the right to use the photos you have but may not have "modeling promotion" rights to, maybe you can work out a settlement. Or, because the OK statute is quite broad, like CA's, incl;uding punitive damages and attorney's fees, and because photos are cheap and you may want more recent ones anyway, I'd pursue this publicity rights claim.
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I think it's very likely the photographer may NOT lawfully use the photographs of you to advertise her photography business.
Oklahoma has a broad common law and statutory "right of publicity" that applies to everyone. See [ http://www.rightofpublicityroadmap.com/law/oklahoma ]. In fact, if you were under 18 when the photographs were taken it may just be a crime for her to use the photographs to advertise her business.
And, no, you may not display the photographs on a website to advertise your modeling services. The only way to do so lawfully is to get permission from the photographer.
Speak with your own Oklahoma-licensed intellectual property attorney. Good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
No, she is not permitted to use your photo's without your permission. It violates your right of publicity.
On the other hand, unless you have purchased or were given the photographs for your use, you may not use them for your modeling shots. You would be in violation of the photographer's copyright in her work. Looks like both of you would benifit by sorting out your dispute and exchanging rights. You may consider contacting an experienced copyright attorney to advise you in confidence an help you resolve your situation.
For more detailed advice, I recommend that you contact an experienced Copyright/IP attorney to advise you in confidence about your options and potential costs. Many IP specialty firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Copyright attorney who can assist you.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
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