Who has the intellectual property rights over an image? The person who took the picture, or the person in the picture?

Who has the intellectual property rights over an image? The person who took the picture, or the person in the picture?
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Answer :

In the Netherlands, the intellectual property rights are reserved to art and new original (intellectual) creations. So… for as far as the photo is original / art, its rights will be owned by the photographer. People, however, also have a portrait-right, which will protect the rights of the ones in the picture. Meaning, that unless there is a greater public interest, people cannot use your picture without your consent. I think this arrangement is OK. edit things are of course different when pictures are taken of protected images, in which case the original owner of those rights remains protected, but that should be evident
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