Have Legal Questions? Ask a Lawyer Now.
Hello there -
When a photographer or any other artist takes a photo of a subject then that work product produced by the photographer is automatically copyrighted and you automatically receive all of the proceeds from any publication of the photograph(s) unless you sign a release granting the magazine the right to use the photos for free or you enter into a contract permitting the magazine to lease the photos from you or to buy the photos from you outright. You see, prior to 1978, every artist, photographer, etc had to complete a form and send a copy of their work to the US Copyright office in order to have copyright protection against their works being stolen from them and used by someone else. In 1978 the Congress passed a law amending the US Copyright act which gives every artist, photographer, etc an automatic copyright in their own work without having to register it with the US Copyright office. The only thing you have to do is put your name and the words "Copyright 2013" on the back of the photo (or you can use the symbol for copyright which is a small c enclosed in a circle with the year next to it). If you do this then your private works are protected and you can sue any party who uses the photo without your permission so long as you can show that you took the photo.
Regarding how to make a submission to playboy or any other magazine or publication, that is not something that I can really answer here. If you check with their websites you should be able to get submission information that way.
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I receive no credit for assisting you today unless you press a positive rating below, so I really DO appreciate it !! Pressing the 3rd, 4th or 5th smile face below (a positive rating) will not cost you anything additional -- it simply acts as the trigger to Just Answer to credit me for this time spent assisting you today. THANK YOU VERY MUCH !!!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).