SubContracting.

[larsmith]

I'm considering sub-contracting for another local photographer who's got more

work than she can handle. ( NOT an employee/employer relationship )

 

Who owns the copyright to the photos ?

 

The contract she's handed me to sign gives leaves me with the right to use the

photos in my portfolio, either on my website or in printed portfolio but

otherwise, it states that she / her business own the copyright to the photos.

 

Is this SOP ? ( Standard Operating Procedure )

 

We're talking wedding photography here. Period. Photos which for the most part

will have little or no value to any but the bride/groom and their family/friends.

 

Is it common practice for the contractor to hold copyright to the photos /

images / digital data ?

[ellis_vener_photography]

SOP? Yes.

 

Common practice? Should be, especially getting it in writing.

[larsmith]

Is it SOP for the contractor to own the copyright to the photos I take as a SubContractor ? That, ultimately, is my question.

[alec_myers]

Allan,

 

I'm sorry I can't tell you about SOP. But are you operating under her name? If the clients' primary (or only) relationship is with her, then it is to her they would have to come for reprints etc, and it makes sense for her to own the copyright.

 

If it's important to you, negotiate. If it's a showstopper, walk away. But honestly, how much is the copyright in wedding photographs actually worth, given that you already have usage rights?

[john_h.1]

Allan you first asked who owns the copyright. There are not enough details avaialble about your particular situation to reliably answer that but chances are good that the "contractor" will because you say there is a written contract saying so (assuming you execute it as is).

 

The next question, now characterized as an ultimate question, is what is standard operating procedure. The standard procedure is that the contractees decide and agree on that issue. In a generic situation subs are performing work for the prime even though they are not in a employer/employee situation. A customer might have to pay the sub directly in some instances but that doesn't seem like the case here. It may not matter anyway.

 

You are being hired to perform a task for someone else. I don't know of precedents for photographer prime/sub copyright determinations but I doubt it will be a one size fits all rule. Given that likelyhood, you should adopt that "SOP" of making a written agreement on that issue.

[larsmith]

What I'm hoping to find out is whether or not it is common for the contractor to stipulate in a contract that a sub-contractor surrender the copyrights to the photos taken in execution of a contract ? Is it common practice that the contractor be or become, via a signed contract, the copyright owner for photos taken by the sub-contractor ? Is it normal for a sub-contractor to be asked to sign a contract whereby the subcontractor surrenders the copyright of all photos taken for during the execution of a contract ?

 

I feel like this is three different ways to ask the same thing and forgive the redundancy but I'm just trying to be sure that any lack of clarity in my question(s) previously have been resolved with clarity.

[john_h.1]

"I'm hoping to find out is whether or not it is common for the contractor to stipulate in a contract that a sub-contractor surrender the copyrights to the photos taken in execution of a contract?"

 

Yes it is common.

 

"Is it common practice that the contractor be or become, via a signed contract, the copyright owner for photos taken by the sub-contractor?"

 

Yes.

 

"Is it normal for a sub-contractor to be asked to sign a contract whereby the subcontractor surrenders the copyright of all photos taken for during the execution of a contract?"

 

Yes.

 

It is also a common and normal occurance that those things don't happen.

[belles]

Some people would even consider the contracting photographer's allowing you to use the images in your portfolio to be very generous.

[blake_newman2]

<p>Allan,</p>

<p>She is being extraordinarily generous by allowing you to use the images for your portfolio and website. Take that gift graceously.<p>

<p>When it comes to contracting or subcontracting, there is no SOP. Copyright law is one thing, but Contract law is completely different. If she is paying you to work on her behalf and states that the images belong to her and you accept these conditions then that is the new SOP.</p>

<p>When I operated my business, I had a dozen photographers working for me. I made it very clear to all of them that copyrights belonged exclusively to me. They were paid well, I equipped them well, and I provided them with opportunities that would have taken them years to achieve on their own. I marketed them agressively and they stayed as busy as they wanted to be. Everybody was happy</p>

<p>Hope that helps, <a href="http://blakenewman.com" target="_blank" title="Blake Newman">Blake Newman</a>, <a href="http://www.fotobiz.com" target="_blank" title="Free online calendar">FotoBiz</a>™</p>