{"product_id":"vragen-36013-hallo-als-ik-een-factuur-heb-met-beschrijven-van-de-foto-s-en-kaartjes-bedrag-en-dit-overgemaa","title":"Legal questions about copyright and portrait rights","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Hello,\n\n If I have an invoice describing the photos and cards, amount and have transferred this to this photographer. Is it then my property? Can I do what I want with it? Without getting into trouble? Does this person no longer have copyright?\n\n Portrait rights, what exactly does that mean? If a child is in a photo, do I as a parent have the right to that? That I as the parent may reproduce and publish the person depicted without the permission of the creator?\n\n This person cannot make a story to me on these points.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n I understand from the question that you have had your child photographed and are wondering whether you are allowed to do anything with the photo. You then ask what portrait rights entail and whether you are allowed to make the photo public and reproduce it without the permission of the creator because of those portrait rights.\n\n Copyright\n \nThis is a commissioned photo. In principle, the creator, the photographer, holds the copyright. You only receive permission to use the photo.\n\n Copyright may have been transferred, but this must have been agreed in writing.\n\n In most cases like this, there will be permission, a license. If there is little concrete agreement, you may use the photo, to the extent that this is the intention of the agreement.\n\n The question then is: what can you expect to do with such a photo?\n\n For example, posting on Facebook seems so normal to me that it is allowed.\n\n In my opinion, the limit lies in using the photo in advertising and the like.\n\n Again, it all depends on what has been agreed. General terms and conditions can provide rules, or small print on the invoice, for example.\n\n A copy for personal use is always permitted.\n\n Portrait rights\n \nPortrait rights mean that permission must always be requested for use of the person portrayed when commissioning a photo. In this case, you are the legal representative, so permission must be requested from you.\n\n This is more or less separate from copyright. You can give permission to use the portrait on a website, but that does not mean that permission does not have to be asked from the photographer.\n\n When commissioning a photo, permission must be requested from both the person portrayed and the copyright holder.\n\n This means that you still need permission from the rights holder. If the photographer is the rights holder, he may not reproduce or publish the photo without your permission.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your response. It is now completely clear to me\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55016256962909,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-36013-hallo-als-ik-een-factuur-heb-met-beschrijven-van-de-foto-s-en-kaartjes-bedrag-en-dit-overgemaa","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}