Legal Question in Intellectual Property in Missouri

can photographers own the rights to legal poses banning family members from taking pictures at a wedding or on the party buss for the wedding party


Asked on 9/03/11, 10:25 am

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

Under the copyright code, artists have rights in original works expressed in a tangible medium. Photographers will have rights to the actual photographs that are developed. Many times, photographers will arrange subjects in a specific manner and it could be argued that they would have rights in the arrangement or placement of the subjects.

Even if the photographer did have rights in the poses, which probably would NOT hold up in court, any photographer that restricts family members from taking pictures would probably not have a good review and may not be hired if family knew that before hiring.

Artists, writers, etc. many times allow their copyrightable images and works into the public forum for exposure and potential for selling future work.

You would legally be free to take pictures at the wedding, on the wedding bus, and at the reception without the risk of incurring liability for copyright infringement.

Read more
Answered on 9/24/11, 1:38 pm


Related Questions & Answers

More Intellectual Property questions and answers in Missouri