What about the law...
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The law (and its application) is a complex area that cannot be addressed here. Only basic elements are recalled for a better understanding of the legal context of a photo shoot.
To simplify, we distinguish:
- The image rights which naturally applies to models (and of course to any person photographed or filmed) .
- The copyright which of course applies to photographers (as well as to any person creating a work of spirit, the photography in this context).
Image rights
Under French law, each person has an exclusive right to their image and the use made of it: in particular, article 226-1 punishes the recording and transmission of the image of a person taken in a private place without their consent.
- Consent is, on the other hand, presumed when it appears that these acts were performed in full view of the interested parties without them having opposed to.
- In the case of a minor, the consent must come from a parental authority.
- The notion of private place/public place depends on the interpretation given to it in the spirit of the law (jurisprudence).
Copyright
Under French law, a photograph is considered a work of the mind and as such is protected by copyright, as defined by article L112-1 and following of the intellectual property code.
- The Intellectual Property Code protects copyrights on all creative works.
- Photographic (and cinematographic) works are intellectual works: they are protected from their creation without requiring any particular procedure.
- These works may not be published or modified without the consent of their author or his successors in title.
- Photographs without originality, already taken by others, showing no personal investment, are not concerned.
