Legal Question in Business Law in California

Re: Copyright

A copyright and a release are two different things, and you will need to worry about both. If the photo is copyrighted (and most photos that are worth using are), then you will need to obtain the permission of the owner of the copyright. This will usually require you to pay for the rights. Your question asks if you need to get the photographer's permission, but the photographer may not be the copyright holder (she may have sold the rights, or may never have owned them in the first place).

A release is an agreement by the person in the photo allowing you to use his/her likeness. Photos taken in public generally can be used without a release, but those taken in private locales (including many "public" places like restaurants) don't fall within this rule. Also, in California at least, celebrities have a recognized right to control the use of their likenesses that you will need to address if the photos you want to use are of well-known persons.

There may be other issues you need addressed (for example, a photo of a painting will also require you to negotiate with the person who owns the reproduction rights of the painting -- and that may not be the person who owns the painting itself!), so you should consult an attorney about your specific photos and publication plans if at all possible.

Re: Copyright

I would like to add two thoughts to the previous advice.

First, the 'author' of a creative work (such as the photographer here) has a common-law copyright in his work whether or not a formal copyright is filed on it; it's not quite as protective as a formal copyright but it arises automatically without any action on the part of the 'author' and provides some protection against unauthorized copying.

Second, exploitation of someone's name or likeness for a commercial purpose is a tortious invasion of privacy irrespective of the person's fame or where the photo was taken. If this is to be an advertising calendar or will be sold, it is necessary to obtain permission from anyone who is recognizable in the photos in order to avoid possible liability.