Copyright: Who owns the images?
By law, the photographer or creator of the artistic work owns the copyright to the images that were created. This, however, does NOT give the photographer the right to publish the images without your consent. Before an image can be published of a person, whether in print or on the internet, a signed model release must be issued specifically granting the photographer the right of publication. If you have had photos taken by any person who has published those photos without your consent, then contact the photographer and demand that they be immediately removed from public view. If the photographer refuses to do so or cannot do so because the images have already been distributed in print, then contact a lawyer and file an action of damages against him/her.
However, as the photographer owns the copyright to the images, you are also restricted from copying them. To try and take the prints to a reproduction house to have them copied is illegal and a breach of copyright. The photographer would then have the option of taking legal action against you.
At Editions by Frederick, we have a client confidentiality clause written right into our client contract agreement guaranteeing that your images will never be used without your written consent. Be aware of your rights and if any photographer tells you that they can publish what they wish because they own the copyright to the images, avoid that photographer at all costs.
What about in the studio? How safe is it to take your clothes off in front of a stranger?
I have heard stories of photographers who have behaved inappropriately during a photo shoot, either to a client or a hired model.
We are a husband and wife studio. Oleanna (my wife) is present in the photo studio during every session. Besides being a second set of eyes who watches for things like stray hairs and folds in clothes, she is also there to make any "costume adjustments" that might be necessary during the course of the shoot. I make it a point never to touch the model, her clothes or her hair and there is no reason any other photographer should have to do so either.
Before you book a photo session with any studio, ask them some careful questions about how the shoot will be conducted. Who will be in the studio during the shoot? If adjustments are to be made, who will do them? Is the studio private? What precautions have been taken to ensure your privacy and comfort?
If you don't like their answers or feel even the slightest bit uncomfortable for any reason, it would be best to find a different photographer.
How bad is the risk? Are the issues above common?
In my experience, the risk is quite minimal. Professional photographers have a reputation to protect and a business to run. It would be foolish to jeopardize their income by behavior that could get them into financial and legal hot water. The best advice? Avoid being tempted by offers of low cost by inexperienced photographers and go for a studio that is professional in appearance and offers you solid guarantees. Aside from the issues of privacy and security, it is much more likely that your images will be of far superior quality.
Don't let fear rule your life.
While much hoopla has been made in the media about the dangers of boudoir photography, very little has been said about the benefits. A sensual photograph taken by a professional photographer can become a statement of love for your spouse or lover that would be hard to express in any other way. While it is always good advice to be careful, don't let any media fear mongering prevent you from fulfilling your fantasies and dreams. A professional intimate photo will last forever and become one of your most valued possessions.
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