Is the model a co-creator of the photo, or does he only have rights to his image?
The model’s work involves, amongst others, taking part in fashion shows, photo sessions, advertisements, etc. and the results of such works are a common element of the reality that surrounds us. From the legal point of view, the question arises what rights the model has to the photos. Is she/he a co-creator of the photo or does she/he only have the rights to the image on it? There is no clear answer to this question because everything depends on the model’s contribution to the final result which is the photo.
The photo session is based on the cooperation of the photographer with the posing model. Posing for photos is a model activity that can be creative when the model decides on what pose to take, what emotions to show, etc. She/he can also choose clothes, props, etc. In this case, the photographer’s work may be limited to pressing a button on the camera. The photographer will only passively follow the model who, in this case, can be considered the creator of the photo.
A different situation is when the model poses according to the instructions of the photographer or the producer of the session. Then the photographer is the sole creator of the photo. However, in addition to these two opposite situations, the photographer and the model may collaborate. They can make decisions together and they both may co-create the photo.
Joint copyrights of the co-authors arise when the photo is created and is owned by all co-authors in parts resulting from their contribution to the work. The model, as a co-creator, may decide on her/his copyrights individually, e.g. as to how the photo is to be used or sold. As a co-creator, she/he makes these decisions together with the photographer who is the other co-creator of the work.
In order to avoid doubts and legal risks, all issues related to the ownership of the copyright should be precisely regulated in a contract. The copyright to the photo is usually acquired by the photographer or the session producer. They may later dispose of them by licensing or transferring them to another entity. Contracts should therefore contain provisions regarding the economic copyrights, the use of the model’s image, as well as moral rights. The lack od appropriate regulations in the contract may lead to disputes, and in extreme cases even make it impossible to use the photo.
![](https://zglegal.pl/wp-content/uploads/2019/03/news-icon.jpg)
See more:
SUMMER IP MEETINGS FOR LAW STUDENTS IN OUR GARDEN
Discover the Fascinating World of Intellectual Property Rights with Żuraw i Wspólnicy sp. k.! Are you a law student interested in intellectual property law? Do you want to learn about trademarks and their protection principles? Are you eager to explore...
CJEU Ruling Reinforces: Mere Knowledge of Existing Trade Marks Isn’t Enough to Prove Bad Faith Applications
In its judgment of 15 May 2024, in Case T-181/23, the CJEU dismissed the appeal against the decision of the EUIPO Board of Appeal and thus, the Court once again confirmed that the applicant’s mere knowledge of a third party's earlier trade mark shall not be sufficient...
A Czech court rules on copyright to a work generated by AI
Artificial intelligence is becoming more and more prominent in the sector of music, literature and, as a matter of fact, in most fields that require a creative approach to any task or issue so far reserved exclusively for humans. It was therefore only a matter of time...