Australian Escort Photography Copyright

Escort Photos – Who owns them?

The answer in a nutshell

The photographer owns your escort photos

It’s assumed that when you pay for photos that you own the photos, but this is not the case

The copyright to the photos remains with the photographer

This means that you cannot reproduce the photograph in any means or medium, without the photographer’s consent

The extent to which you can use your photographs is limited by what has been agreed upon between the Model/Agency and the Photographer.

The photographer, as copyright owner of their photographs, can dictate terms for reproducing their work including where it may appear and for how long. Using photos beyond the purposes originally agreed is a breach of the photographer’s copyright

You can only use the photos in places and on mediums as agreed with the photographer.  Escort photographers know you will be using them for escort sites however you cannot use them for say a magazine submission or use them in your own lingerie store.  

Without the photographer agreeing to the photos to be used in a commercial endeavour outside of their original intended purpose, you are in breach of both copyright and contract law.

If you wish to own your photos then you need to discuss with a photographer and have a written contract in place.

You need to consult a lawyer for such a contract and in most cases the cost of the photos will increase significantly (Many photographers have boilerplate contracts for the transfer of rights)

If you work with an agency or establishment and they arranged a photoshoot; The possession of the rights to the photos and the agreement is in place between the agency/establishment and the photographer.

You are simply the model & the photo ownership is not yours. So you cannot take the photos and use them yourself without breaking copyright and contract law.

This is a very grey area. So clearing up copyright ownership from the outset is the best way to deal with this problem, you can do this by covering yourself with a written contract

You can read more about photographs and copyright laws of photographs in Australia on www.copyright.org.au

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