Does the subject of a photograph have an overriding right to ownership of that photograph?
Tagged: The basics
Usually a subject will have no ownership rights over a photograph. As the author of the work you are the copyright owner unless you have made a contract with them that assigns copyright to them. However there are signficant limitations that apply to what you may do with the photograph despite ownership of copyright:
- Any photo that violates a subject's normal expectation of privacy may be an offence under human rights law and/or data protection law.
- If commissioned to take a private portrait or other photo for personal purposes (eg weddings), you will be unable to publish without their permission.
- For certain types of usage you may require a model release.
- There are other legal limits on what you may do with the photo, eg defamation, harassment etc.


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