“I’ve done some photography for a friend for his acting/modeling portfolio. Who owns the rights to these photos? Do I need his permission to use these photos on my website for my photography portfolio? What if I wanted to use the photos I took of him to make a calendar or prints that I want to sell?”
Short answer: The photographer who takes the photograph is the first owner of the copyright of the photograph [1]. They own the rights to the photograph and may produce, reproduce, publish, exhibit, or sell the work[2]. The Canadian Association of Professional Image Creators, an organization that advocates for the rights of photographers on their behalf, encourages photographers to draft a contract that outlines the terms of the use such as image use, licenses sold, and terms of payment for the image [3].
Long Answer:
The person who takes the photograph is the first owner of the copyright to the photograph [4]. Prior to November 7, 2012 the person who owned the negatives or digital camera that the photograph was taken on owned the copyright to the photograph. However, an exception to this rule was if the photograph was commissioned. If a photograph was ordered and paid for by a customer, they would own the copyright of the photograph. The commission should be contracted for, or at minimum, there needs to be consideration, like a payment, made for such commission in order for copyright to transfer to the hiring party.
After November 7, 2012, the Copyright Modernization Act came into effect. This act revised the Copyright Act. One of the purposes of the Copyright Modernization Act was to give photographers the same rights as other creators. As a result of this revision, a photographer who takes a photograph becomes the first owner of the copyright to the photograph and is entitled to sole right to produce, reproduce, exhibit, or sell the work, subject to certain exceptions.
The Canadian Association of Professional Image Creators, an organization that advocates for the rights of photographers on their behalf, encourages photographers to draft a contract that outlines the terms of the use such as image use, licenses sold, and terms of payment for the image.
[1] Copyright Act, RSC 1985, c 42, s 13(1).
[2] Copyright Act, RSC 1985, c 42, s 3(1).
[3] https://capic.org/copyright-laws/
[4] Copyright Act, RSC 1985, c 42, s 13(1).
The Queen’s Film & TV Research Group are not lawyers, and this is not legal advice! For more information on copyright law, please see the Copyright Law section of this site. Find out more about Queen’s Law on their website, and Pro Bono Queen’s at the PBSC Queen’s site.