What rights does someone have after signing a release to use their photo for an advertisement?

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What rights does someone have after signing a release to use their photo for an advertisement?

My son’s senior pictures turned out great. The photographer didn’t have any senior photos on display and asked if it could be displayed. I was flattered and signed a release to use his photos. Later, I returned to the studio and a framed photo of my son’s senior picture was on display. I asked for a complimentary copy of the photo since they were getting free advertising. They stated that they do not provide compensation for using customer photos.

Asked on November 30, 2010 under Business Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, you signed the release. Read the release.  It says, I am sure, that you waive your right to compensation for the use of the photo (or you on behalf of your son as I am assuming that he is a minor).  You are bound by the terms you agreed to and you did agree to them.  So now I think that you are stuck.  I would, though, push the issue as to a free copy just one more time.  They may see it as "compensation" and on some level I guess that it is, but really, why not?  Well, because they want you to pay for the photos probably.  So now you have learned that you need to negotiate everything.  Good luck.


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