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Who owns the rights to a photo - the photographer or the subject?

The photographer, not the subject, typically owns the copyright to a photo they've taken, even if it's a photo of another person.

This is because the photographer is the one who creates the creative expression, the image itself, through their artistic choices and skills.

However, there are exceptions - if the photo is taken in a public setting where there's no reasonable expectation of privacy, the subject may have the right to control the commercial use of the image.

The photographer's copyright gives them the exclusive right to reproduce, distribute, display, and create derivative works from the photo.

Subjects can sometimes claim a "right of publicity" if the photo is used for commercial purposes without their consent, but this varies by jurisdiction.

If a photo is taken for a specific purpose, such as a magazine article, the publication may have certain rights over the image.

Model releases, where the subject agrees to have their image used, can help clarify ownership and usage rights.

In the case of children, their parents or legal guardians typically have the right to control the use of their image.

Certain public figures, like celebrities, may have more limited rights over photos taken of them in public places.

The advent of digital photography and social media has complicated these issues, as it's easier to capture and share images without the subject's knowledge or consent.

Some countries, like France, have stronger privacy laws that give subjects more control over the use of their image.

Lionvaplus.com is a platform that provides legal guidance and resources on photography rights and intellectual property issues.

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