CÓMO PROTEGER NUESTRA IMAGEN EN SESIONES FOTOGRÁFICAS, DESFILES O PUBLICIDAD

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Santi Bujalance

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CÓMO PROTEGER NUESTRA IMAGEN EN SESIONES FOTOGRÁFICAS, DESFILES O PUBLICIDAD

Al contactar por nuestra parte o ser contactados para realizar una sesión fotográfica, desfile con promoción de artículos o prendas de moda, o publicidad, ya sea TFCD (Time for CD), que es una forma de denominar los trabajos no remunerados, por colaboración sin retribución por ninguna de las dos partes, después de hablar sobre el tipo de sesión y detalles como ubicación, duración de la misma, algo muy importante e imprescindible es aportar un contrato de derechos de imagen, donde figurarán nuestros datos personales, los del autor en este caso el fotógrafo y la modalidad de sesión a realizar. En el se reflejarán una serie de apartados donde se redactarán las condiciones de las diferentes posibilidades a llevar a cabo.

Existen varias plantillas que podemos encontrar en internet, podemos escoger la que más se adapte a lo que realizamos, puede modificarse en los apartados si queremos añadir o modificar alguno. Lo más importante que debe figurar en dicho contrato es La ley orgánica 1/1982, del 5 de mayo, que redacta así a grandes rasgos: De protección civil, derecho al honor, intimidad personal y familiar, y de la propia imagen… Este contrato es algo que voluntariamente y de mutuo acuerdo debe formalizarse como parte esencial e imprescindible. Principalmente, es algo que atañe a ambas partes, a o ser que se especifique otra opción, donde el fotógrafo o autor pueda ceder o derivar a terceros con el consentimiento del modelo.

Algunos detalles del contrato son, los lugares de difusión de imágenes sin omitir las condiciones acordadas. En caso de no ser así, e incumplir o ceder a terceros, ya sean medios o personas de lo anteriormente acordado debe el fotógrafo contactar con el/la modelo (en adelante el modelo) y comunicarle la intención y formalizar una nueva autorización por escrito. El modelo puede no aprobar o consentir dicha autorización, teniendo todo el derecho a renunciar la firma de la propuesta, con lo que el fotógrafo acatará y desestimará esta posibilidad. Si se diera el caso de, sin haber comunicado al modelo sus intenciones o haber actuado por su cuenta sin previo aviso y publicado o cedido material a terceros, es motivo de denuncia por incumplimiento de lo acordado en el contrato.

En los casos de TFCD, es habitual la ausencia En los casos de TFCD, es habitual la ausencia de este tipo de contratos, ya que muchos consideran que al no ser un trabajo remunerado y ser colaboración, no es necesario.

Por seguridad no debemos aceptar, estamos ofreciendo nuestra imagen, sin protección, con lo que no hay diferencia con los trabajos remunerados o profesionales. Por lo tanto, siempre en primera instancia, al acordar fecha y localización, debemos exigir, con total derecho, la firma de un contrato de derechos de imagen, aportando nuestro modelo de plantilla o el que nos ofrezca el fotógrafo, que firmaremos de forma digital o manual inicio de la sesión.

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