Ownership: Several years ago I started taking photographs at school during my lunchtime and recesses. I used my own equipment. There were no contracts but the school requires a release...

mcmm Loc: Kansas

Several years ago I started taking photographs at school during my lunchtime and recesses. I used my own equipment. There were no contracts but the school requires a release to have pictures used for various things like the newspaper, website, etc. I did it because I wanted to and enjoyed creating an end of the year slideshow. I am wondering if the photographs belong to me or if they belong to the school? I am getting ready to retire soon and I figure someone is going to ask to have some of the photos. I am wondering if I legally have to give them my photos or if they are mine.

chasgroh Loc: Buena Park, CA

I'm bettin' they are yours. Now, AFA releases goes, you may still have to toe that line, but, surely, you could even start, like, a Smugmug site, and sell 'em to the moms. I do that during the winter with the marching shows; there are a few guys on this forum who market athletic shots, too. <shrug>

rmalarz Loc: Tempe, Arizona

The person taking the photograph owns the photograph. That is unless prior arrangements are made as to ownership. Since you were doing this on your own time and no contracts were signed, they're your photographs.

Now, when you retire, you may donate them to the school but that is your choice.
--Bob

mcmm wrote:

Several years ago I started taking photographs at ... (show quote)

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

mcmm wrote:

Several years ago I started taking photographs at ... (show quote)

There are two and possibly three things going on here.

Unless there is a condition in the school's policy that says otherwise, you own the images by implied copyright. If you want to establish that with more legal teeth in the even that you find your images have been used without your permission, register them with the copyright office.

A release is not about ownership. It's about permission to use the pictures - and normally requires consent of the subject or guardian if a minor. Most releases for minors are very specific as to the possible uses. Normally the release is secured with some form of compensation provided to the subject - cash, a few prints, or some other consideration.

The releases should also specify how YOU can use the pictures.

Just because you own the pictures doesn't mean that you are free to do with them as you please.

anotherview Loc: California

Ditto.

rmalarz wrote:

The person taking the photograph owns the photograph. That is unless prior arrangements are made as to ownership. Since you were doing this on your own time and no contracts were signed, they're your photographs.

Now, when you retire, you may donate them to the school but that is your choice.
--Bob

Picture Taker Loc: Michigan Thumb

They may be yours but I guess depending on what you do with them could be a problem. ie selling them without a model release etc.

Bill_de Loc: US

Leave them to the school in your will. Then, don't give it another thought. Any problems won't be yours.

---

PHRubin Loc: Nashville TN USA

rmalarz wrote:

The person taking the photograph owns the photograph. That is unless prior arrangements are made as to ownership. Since you were doing this on your own time and no contracts were signed, they're your photographs.

Now, when you retire, you may donate them to the school but that is your choice.
--Bob

goldenyears Loc: Lake Osewgo

mcmm wrote:

Several years ago I started taking photographs at school during my lunchtime and recesses.

Search the internet for "use of likeness."

Charlie157 Loc: San Diego, CA

I would think that if you were an employee of the school and you took the photos while at work the photo would be the property of the school. I am not an attorney. You might have to consult with an attorney.

anotherview Loc: California

One solution. The same could go for disposing of your camera gear following your demise. Give it to the nearest high school with a photography program (suggestion of my attorney).

Bill_de wrote:

Leave them to the school in your will. Then, don't give it another thought. Any problems won't be yours.

---

mcmm Loc: Kansas

Thank you to those who responded. The photos have never been used for anything not specified in the schools written permission form. I don't plan to sell any of them but wondered if they would be my photos to keep or if they belonged to the school. Thanks again.

anotherview Loc: California

Note: The school might have an interest of its own in your photos. Organizers of high school reunions might find use for your photos. School historians may see value in your photos, too.

mcmm wrote:

Thank you to those who responded. The photos have never been used for anything not specified in the schools written permission form. I don't plan to sell any of them but wondered if they would be my photos to keep or if they belonged to the school. Thanks again.

via the lens Loc: Northern California, near Yosemite NP

mcmm wrote:

Several years ago I started taking photographs at ... (show quote)

Could be a slightly gray area....depends upon if the school district considers your lunch and recess time as yours and not theirs. Normally if you take photos with company equipment while employed the photos belong to the employer. I'd guess they are yours but someone might argue otherwise since your access depended upon your job. Consult a lawyer if you want an answer you can count on.

kb6kgx Loc: Simi Valley, CA

via the lens wrote:

Could be a slightly gray area....depends upon if the school district considers your lunch and recess time as yours and not theirs. Normally if you take photos with company equipment while employed the photos belong to the employer. I'd guess they are yours but someone might argue otherwise since your access depended upon your job. Consult a lawyer if you want an answer you can count on.

This was the case with a friend of mine who was a Los Angeles Times photographer for 45 years. All of his photos belonged to the paper.