Selling photos you've already been paid to take

[jessica_lynn2]

<p>Hello!<br>

I am the in-house photographer for a prominent interior designer who paid me to take some photos at a local store he frequents for his blog. The owners of the store recently approached me about purchasing some of the photos for their own use. Since I was already paid by my boss to take the photos, can I also sell them to the shop owner? No contracts were signed, but it feels pretty shady to me. <br>

I'm such a novice when it comes to photo rights and business-type stuff. Your advice is greatly appreciated!</p>

[Doug Obert]

<p>Country in which you reside and/or work could make a difference in applicable law. But, with the info given so far it sure sounds like you are in a work for hire situation to me. "in-house photographer" and "paid by my boss to take the photos". Your employer would own the copyright to said photos....but I am NOT a lawyer! </p>

[noreen]

<p>This prominent interior designer hired you as an in-house photographer without a contract stipulating the terms of your employment, such as assignment of copyright?</p>

[john_h.1]

<blockquote>

<p>"in-house photographer for a prominent interior designer who paid me to take some photos at a local store he frequents for his blog... ...I was already paid by my boss to take the photos... ...No contracts were signed"</p>

</blockquote>

<p>Assuming U.S. law applies... If you were an employee or amounted to an employee (because there was substantial control over your activities) and the shoot was in the scope of your employment, then the works belong to the employer. If you did separate outside work for some boss there that had nothing to do with your employment and there was not much control exceeded over you (as though you were hired from the phone book for a one off shoot) then it is likely you own the copyrights. See Circular 9 at copyright .gov for more detail...<br /><br />http://copyright.gov/circs/circ09.pdf</p>

[curt wiler]

<blockquote>

<p>it feels pretty shady to me</p>

</blockquote>

<p>Right. Copyright issues aside, you need to have an understanding with the person who paid you on this. Even if you can prove the pictures are yours to sell, you run the risk of losing the long-term business.</p>

[Mike Howard]

<p>Perhaps now is the time to engage the owners of the shop and offer to shoot some photos just for them. They obviously like your work, so you have a good "in" there.</p>

[david_henderson]

<p>Listen to John etc on the legal issue. </p>

<p>There are questions beyond the legal issue. The designer doesn't have to employ you in future from the sound of it, and if he doesn't like what you're doing he might choose not to do so. So selling a few pictures originally shot at the designer's request might cost you more than you make. </p>

<p>Personally I have sold for prints and placed with stock agencies for commercial use images I took originally for décor in a major Consultancy's branches with no qualms on either side, but</p>

<ul>

<li>There was never any question over my employment status. I had other clients, had major input on where and when the photography was done, and only minor client input on the actual photographs taken. I controlled which photographs the client saw, but the client decided which (of those they saw) they wanted to use.</li>

<li>There was no question over who owned the copyright and the consultancy were overtly not buying exclusivity. They were offered exclusivity at the outset at higher prices, which they declined. </li>

<li>There was a contract in place which clarified these issues.</li>

</ul>

[john_h.1]

<blockquote>

<p>Perhaps now is the time to engage the owners of the shop and offer to shoot some photos just for them.</p>

 

</blockquote>

<p>Great idea if you wish to do it. The potential customers may appreciate your discretion in not re-selling images not meant for stock ect.</p>