Whose property?

[ahorne]

If I take a picture of someone, even without them having a paid session, it's still my property correct? I.E. I would be correct in saying if someone prints one of my photos from facebook it could be considered stealing? I need to know as I'm setting up a release for photos.

[jpnatale]

A quick search on these forums for copyright information will yield maaaany responses to this question, including all the caveats associated with it.

[ahorne]

Originally Posted by jpnatale

A quick search on these forums for copyright information will yield maaaany responses to this question, including all the caveats associated with it.

Thanks! I couldn't think of a good way to search for it... I was typing in property, etc and it wasn't working

[Jim Bryant]

Yup..the photo belongs to you and not the person you photographed.

[OsmosisStudios]

The photo itself remains yours, but your rights for use (Ie publishing) depend on where you were when you took the shot.

[ahorne]

Originally Posted by OsmosisStudios

The photo itself remains yours, but your rights for use (Ie publishing) depend on where you were when you took the shot.

I would love to know more about this!
The photo I'm having issues with was taken at our church.

[Jim Poor]

We need more details, but even then - ask a lawyer.

[autofocus]

this is always a touchy subject. My understanding of this is (but make no claims that this is 100% correct)
1) it is your property, and it can't be used without your permission or the rights to do so (even if it was being done by the person who happened to be photographed)
2) random shots of people would only need model releases if you were to use them for commercial or self business promotion.

[dakwegmo]

Once you press the button, you own the copyright to the image, unless you have a written contract stating otherwise. That means nobody can legally make copies (print or digital) without your consent. The subject of the photo has no rights to use or copy the image, unless you've specifically allowed it.

People do have privacy/publicity rights that may limit how you can use the photo, but those rights don't change the fact you own the copyright.

[OsmosisStudios]

Originally Posted by ahorne

I would love to know more about this!
The photo I'm having issues with was taken at our church.

If the photo is taken on public land or in a public space (both terms you'll want to consult a lawyer for definitions), then it is fair game and can be published as art or editorial. If the image is to be used for commercial use (ie an ad) then you must have a model or property release for the person or location.

In your case, the church is private property and rules change by jurisdiction. You'd need to consult a lawyer and likely the officiant of the church for details.