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  • 3.5 Photographic Portraiture
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The commissioner of a portrait created by photographic means has, although the photographer has reserved themselves the right to the work, a right to grant permission to use the portrait in a newspaper, journal or biographical writing, unless the photographer has explicitly reserved the right to prohibit doing so (Section 40 of the Copyright Act). In such cases, where the photographer has reserved themselves the right to control the use of a portrait in a newspaper, journal or biographical writing about the commissioner of the portrait, the photographer's rights are however restricted by the provisions in Section 27 of the Copyright Act, according to which the author may not use their right to the commissioned portrait, without the consent of the client, or after their death, their widow or heirs. This restriction is intended to ensure the client's right to prohibit the use of their portrait when desired.


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