Copyrights is required to post a picture taken from any social Media?
A girl messaged me on Instagram to take boudoir pictures of her at her house. I went to her house, took her pictures. I went home, edited, and sent them. She said she loved them, but she asked me not post the sexy ones because her boyfriend found out about the pictures and wasn’t happy about it. I told her I would not post them immediately because I never do anyway, and when I post I will not tag her.
A few months pass by, and I post one of the pictures, and it seemed fine. But it had a nip slip which I didn’t notice until she flooded my inbox asking me to take it down. Now both her and her roommate are spamming me saying I don’t own copyrights to the images since I never paid for the shooting, which was never agreed to have any sort of payment on either end. So do I own the copyrights of the picture, and can I post it?
You definitely own the copyright but you may not have the right to publicly display the image. Most photographers get a model release as a CYA, and it sounds like you don’t have one. Given the sexually explicit nature of the photographs, your image may also be subject to revenge-porn laws in your area.
my Instagram is explicit photos of girls, she knew that once she asked me to take the pictures. she knew where they would go. she only changed her mind after her boyfriend got upset.
This is an ABSOLUTELY TERRIBLE UNETHICAL PERSPECTIVE TO TAKE.
As a boudoir photographer, people are posing for you in their most vulnerable state. You need to give this, and them, the utmost respect. If the client asks you to never post an image, then don’t. If they initially agree, and then change their mind, then take the image down.
Not respecting this will quickly lead to you losing your reputation in a business where reputation matters more than almost everything.
Don’t know about the US in general and Florida specially, but in many jurisdictions, there are several different rights possible attached to a photo, including:
Copyright, which you hold if you are the one who took the pictures (including setting up, decor, lighting, asking for specific poses, make up and styling…), not as a salaried job, and you don’t have a contract saying otherwise.
Copyright on any of the objects included in the picture. Believe it or not, you cannot take a picture of the Eiffel Tower at night and publish it without authorization, as even though the copyright on the Eiffel Tower has long lapsed, the new lighting is covered by copyright. The same applies to photos of many buildings, though this is subject to debate and varies from one jurisdiction to another.
The rights of all the people included in the picture. In France we call it “le droit à l’image” (the right to your image). In most jurisdictions, you cannot publish a picture of someone (or including someone) without their consent, other than in specific circumstances (e.g. politicians at public events, people in a crowd when you can’t actually recognise them). When you hire someone to take pictures of them (a model), you should include in the contract that they give you the rights to use their image. If you don’t have a written authorization, you don’t have the right to publish the picture.
Haven’t checked, by I’m pretty sure that the Instagram T&Cs you accepted must include language against publishing pictures of people without their consent.
So, in short, you probably hold copyright, but that doesn’t mean you have the right to publish the picture. Take it down right away. If you don’t, they may flag the picture to Instagram, and they can take it down, or take the whole account down.