Copyright and Use of Photos for Second shooter/assistant ?

Hello

 

I am wedding photographer in the process of hiring second

photographer/ assistant .

How do you handle a copyright and use of photographs?

Who is the owner of the copyright?

Can your second shooter use photographs from the wedding? In private

portfolio, in public � website, some ads?

How do you restrict it?

 

If you work with high end clients how do you control the use of

photographs? That none of them will appear online without customer

permission?

 

Please, describe how you handle this situation.

 

Thanks

Denis

May or may not be a Legal answer but here is what I do...and it works.

 

My camera...my film... and everything gets turned over to me. I'll give them copies (I get doubles) for free. They can use them in their studio/home sample albums.. Must be upfront that they were the second shooter. Can't use images on their website or ads due to consfusion. Down the road someone recognizes someone on that photographers website and think THEY were the photographer that so and so hired... When in truth my second shooters only shoot 10-20% of the work or less...Mostly they load film etc.etc..

 

If they get to the point they want to go off on their own...I send them referrals whenever it makes sense to do so.. Usually because they are looking for someone good but less pricey.

Legal advice should not be sought here. It's often tolerated and the archives now contain miss-informtion.

 

I do like Mary does, print demonstrations only.

I second the recommendation to get professional advice.

 

Having said that... In my field, screenwriting is often performed as a "work for hire", which means that the copyright belongs to the employer.

 

A quick Google should produce a sample contract.

You should do some research on copyright law. Basically, it comes down to whoever took the picture holds the copyright. It does not matter who owns what camera gear. If you want to hold the copyright then you need an agreement with whoever works for you that transfers the copyright to you. Best done in writing. Best done up front when you are talking to potential second shooters.

 

Most photographers have a clase in thier contract with their clients giving them the right to use photographs for self promotion. There probably wouldn't be an issue with a client if your second shooter used a picture for self promotion. What YOU want it to make sure that if a second shooter uses a picture taken while working for you that it has YOUR studio name on it. You don't want a porential client to see the same picture on two sites without knowing which studio/photographer was responsible. Usage restrictions should be in the same agreement that you have the second shoot sign that transfers copyright to you.

 

If you take on someone who is looking to go into business for themself, be very careful. Some photographers who are starting out are really just looking for an opportunity to build up thier portfolio. This is coming from someone who only works as an associate or second shooter.

I have been on both sides of the coin. When I was the second hired photographer the

main photographer never made up an agreement and therefore things were not clear on

what the expectations were for both the main photographer and the second hired

photographer. This caused problems, so def., have something in writing. When I tried

using my photos that I shot at weddings with the main photographer (for my website, and

other internet advertising), she was livid. I took them off, but honestly I have a very strong

opinion that if I shot the image, it's MINE. It is my image, my work. Also, I found out she

was using some of my photos for her advertising, not good since it isn't her work, rather

mine. I didn't demand for her to take it off like she did mine (turn the other cheek... my

philosophy). I now have another person who is shooting as the second photographer at

my weddings, I would allow her to do WHATEVER she wants with HER pictures. Just

because she shot the pictures at "my" wedding, why should I hold her success back, after

all we all became successful because someone else was generous with us.

 

As far running into duplicates, there's a very easy solution to this, if my "assistant" wants

to post images from a wedding or two we've shot together, I would talk with her to see

which wedding or two she wants to use so that I don't use the same wedding for my

website or internet advertising.

 

I believe we should help each other out and not just look to our own "gain" and interests.

Do unto others as you would have done unto you...

 

Good luck Regina,

 

Darice

Nolo.com has contractor forms with a "Work for Hire" clause (or hire a lawyer to write one). A proper agreement with a WFH will give you ownership of everything they create - it doesn't matter whether or not they use your equipment.

 

Even with an agreement, I'd have them shoot with your cards (or film) and turn it over to you before they leave.

Good info on that site Rich. Here's an excerpt (probably a violation of a copyright, LOL)

 

"One exception to the rule that copyrights are owned by the author or creator is if a work

is created by an employee in the course of his or her employment, the employer owns the

copyright. Another exception is that if the work is created by an independent contractor

and qualifies as a work "made for hire," then the hiring person or firm owns the copyright.

 

The hiring person or firm will own a work made for hire if the independent contractor

signs a written agreement stating that the work shall be "made for hire" and the work is

one of the following:

 

part of a larger literary work, such as an article in a magazine or a poem or story in an

anthology part of a motion picture or other audiovisual work, such as a screenplay"

 

Obviously, it has to be agreed upon in writing. Strangely, none of the examples given were

about still photography... but I'd suppose 2nd shooter work would be considered part of a

larger body of work.

 

See a lawyer if in doubt.

There were a couple innaccuracies above. There's no use in pointing them out. Follow the advice about getting a professional opinion.