does my photo assistant any right to my photos?

<p>Hi, I'm a photographer and I have question, does my photo assistant any right to my photos? She only help me with children posing and now she demands to remove all photos from my online portfolio because she told I did not get her permission to use it. She told if she help me, she has rights to photos as me.</p>

<p>What does your contract with her say about it?</p>

<p>Just like John said: what did your contract specify? If it did not specifically mention uses you could derive from the shoot - i.e. that you could use the images for self-promotion, then I'm sorry, but you're out of luck....</p>

I've never heard of assistants being granted control over image usage (absent a contract specifically granting such control). The question isn't asking about the subjects of the photos.

<p>If the assistant took some photos, then they own the copyright to those photos and can control their usage. You have to get a contract stating otherwise. From what you described, she controls her images from the session.</p>

<p>we had only Verbal Agreement, she help me with children posing, only I took photos and all equipment was mine.</p>

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<p>only I took photos and all equipment was mine.</p>

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<p>Then the copyright is yours unless you had any other agreement in place.</p>

 

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<p>If the assistant took some photos, then they own the copyright to those photos</p>

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<p>Unless a contract for hire states otherwise.</p>

<p>Well, with a verbal agreement it is your word against hers. Tell her that she does not have a leg to stand on and don't use her ever again. In the future, if you have to have assistant, draw up a contract that specifies the assistant has to be courteous to you for the rest of their lives.</p>

<p>thanks for your help!</p>

<p>What country are you working in? Rules are different and will depend on where you are.</p>

<p><em>"<strong>only I took photos</strong> and all equipment was mine." </em>- so the pictures are yours, just ignore her.<br>

Sometimes many people help with taking pictures of children, including parents, Santa Claus, etc. but they do not have any rights to your pictures, as this was your play, your business.<br>

Next time you will be more careful with people like her.</p>

<p>What was the verbal agreement you had? Did you discuss ownership rights?<br>

Unless it was a genuine misunderstanding I would consider getting a new assistant.</p>

<p>Was she an hourly employee? Did you pay her?</p>

<p>"Did you discuss ownership rights?" - no..... " Did you pay her?" - we had 2, maybe 3 free photo sessions, and 1 paid session, so I paid her only ones.</p>

<p>Protect your copyright with a clear contract otherwise you can be challenged. This experience would be good motivation to create a contract.<br>

Wishing You Great Light,<br>

Paul<br>

<p>"This experience would be good motivation to create a contract."- yes :) It will...</p>

<p>There's a country where if I hire an assistant to fetch carry and wrangle while I'm shooting they automatically get copyrights to the images <em>I</em> take ? That's what nukes are for.</p>

<p>try Cinematography, you own the rights to nothing.</p>

<p>After twenty years in this business as an Assistant and freelance Photographer, this is the first time that I have heard of an Assistant trying to dictate the usage of images. I would send this person a link to the US Library of Congress website and Copyright Laws and a note informing them that they are fired and threaten legal action if they mention their misinformed opinion to anyone. They do not have a legal leg to stand on unless they physically pressed the shutter release.</p>

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<p>threaten legal action if they mention their misinformed opinion to anyone.</p>

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<p>What legal action can you take against someone expressing an opinion? I hope it's actually none.</p>

<p>The Assistant is obviously ignorant to or too lazy to read the Copyright Laws, so I would respond to their demand with the threat of legal action. The photo community is quite small and imagine if they went out and made uninformed comments regarding their perceived ownership to whomever, fellow photographers, assistants, current or potential clients. There are some that may believe the Assistants side and effect ones business.</p>

<p>In the U.S. if she was working for you and not a contractor, then she has no rights to the content as her work is considered "work for hire".<br>

The sticky part is did you withhold taxes from her payments?<br>

If not she might have a claim that she was working as a contract photographer and now the waters have been muddied as to the ownership of any content she participated in.<br>

Wayne</p>

 

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<p>only I took photos and all equipment was mine.</p>

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<p>It was established early on that the assistant did not take any of the photographs.</p>

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<p>If not she might have a claim that she was working as a contract photographer</p>

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<p>So this not valid.</p>