Legal Question in Civil Litigation in Pennsylvania

Permission to use submitted photographs
I am a sole proprietor of a private school business that trains people in a skill type of craft. Upon enrolling those persons they each sign a model release allowing the business to make use of their photos, ie: ''....it is further agreed that the school shall have full rights of use without additional compensation, of all letters written to the school, AND of photos taken of or submitted by the student.''

Since I also operate a related business which envolves equipment used in the training of these students, I wish to use the photos taken of the students in class on brochuers and ads for this other business. Will the signed model releases (as they are currently worded) give me the legal right to do so?

As a Sole proprietor, has not the ''school'' and ''I'' as an individual derive the same permissive rights?

Asked on 3/06/03, 12:59 pm

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

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Re: Permission to use submitted photographs

A release covers those matters which were fairly within the contemplation of the parties when they signed it. That's the general rule. It doesn't answer your question, and neither can I.

Your question can only be answered by your own lawyer. It's impossible to give advice on a question like this over the internet. There's good arguments both ways. Students have a good argument that permission to the school only means promotion for the school, not any side business you may have. Maybe your lawyer could argue that "full use" includes the right to assign or sell the photos. So you need to consult your own attorney, who can review the entire document, analyze your business plan, and give you meaningful advise on the possible risks.

Answered on 3/06/03, 1:27 pm

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