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02/23/2004 01:45:59 PM · #1 |
I have a question....
What is the general rule when shooting a wedding for another company?
Do you own the copyright, or do they?
Do they have to have you sign a release?
Should you sign a release?
I want to be able to use the photos I take for my own portfolio and advertising, is this possible?
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02/23/2004 01:47:26 PM · #2 |
In general, if you are doing photographic work as an employee of a company, the company holds the copyright. This is true in the photojournalism field as well. You should check your contract with that company. If you don't have one, you should.
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02/23/2004 01:56:25 PM · #3 |
Originally posted by jmsetzler:
In general, if you are doing photographic work as an employee of a company, the company holds the copyright. This is true in the photojournalism field as well. You should check your contract with that company. If you don't have one, you should. |
Yep, same thing I've heard as well. You might be able to get permission from the company you are taking the photos for to use them. Make sure it's in writing. They might ask for a credit line (Photos courtesy of ... ).
Message edited by author 2004-02-23 13:56:39. |
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02/23/2004 02:08:20 PM · #4 |
Originally posted by jmsetzler:
In general, if you are doing photographic work as an employee of a company, the company holds the copyright. This is true in the photojournalism field as well. You should check your contract with that company. If you don't have one, you should. |
Ditto this. Even if you are hired directly by the principals to shoot a wedding you need a contract to clarify copyright ownership. The specific issue is whether the images fall under the "work for hire" provisions of the US Copyright law. Almost everything (manuals and forms) are available online at the US Copyright Office. I highly recommend reading this stuff before you venture further into your professional career. For non-governemental legal resources for the general public (you) try Nolo Press. |
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02/23/2004 02:25:30 PM · #5 |
Hmm yes yes get a contract. I've been burned in many different genres by everyone from friends to co-workers to bosses...get it in writing, even on a napkin.
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02/23/2004 08:53:21 PM · #6 |
thanks for the info.
So if the company didnt give me a contract to sign, are they owned by me? Since I wasn't paid a cent, I would assume so, but I could still be wrong. I was told that it was my "test". Since I wanted an opportunity to get experience, I didn't mind all that much.
In the future, is it the companies responsibility to have a contract for me?
I will check out those links to search further. |
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02/23/2004 08:57:48 PM · #7 |
Originally posted by TerryGee:
thanks for the info.
So if the company didnt give me a contract to sign, are they owned by me? Since I wasn't paid a cent, I would assume so, but I could still be wrong. I was told that it was my "test". Since I wanted an opportunity to get experience, I didn't mind all that much.
In the future, is it the companies responsibility to have a contract for me?
I will check out those links to search further. |
Your best bet would be to just ask the company. I'm sure they would let you use some of the photos you made for your own portfolio without much hassle. I would NOT suggest waiting for the company to provide you with a contract. When this happens, the contract is always in favor of the company (which may be the case regardless). Ask them what their policy is.
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02/23/2004 09:26:15 PM · #8 |
Originally posted by jmsetzler:
In general, if you are doing photographic work as an employee of a company, the company holds the copyright. This is true in the photojournalism field as well. You should check your contract with that company. If you don't have one, you should. |
It's still a little confusing because an "employee" is someone on the payroll(W2's). In most cases with photography, you are considered an independent contractor(1099's). From what I just read,the independent contractor retains copyright ownership.
Message edited by author 2004-02-23 21:26:46. |
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02/23/2004 09:38:27 PM · #9 |
I used to shoot weddings as an employee. I had no rights to those images. I asked for, and was given, permission to use some images for my portfolio. That seemed reasonable.
I would simply ask them.
Although, you may want to ask the IRS if they consider you an employee or an independent contractor. I know that some small business owners will tell you that you are an employee when in fact, you are, according to IRS terms, an independent contractor. If the employer is taking deductions for Social Security, Income Tax etc and you filed W4s etc, then you are probably considered an employee. If you did not complete those forms and are not having deductions taken out, I don't think they can claim that you are an employee. In the latter case, unless there was a separate agreement assigning the rights to them, the rights to those images should be yours.
Disclaimer: I'm not a lawyer, if it becomes a big issue, consult one.
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02/23/2004 09:40:14 PM · #10 |
Originally posted by TerryGee:
It's still a little confusing because an "employee" is someone on the payroll(W2's). In most cases with photography, you are considered an independent contractor(1099's). From what I just read,the independent contractor retains copyright ownership. |
If you are an independent contractor, you definitely need a written agreement about who owns the copyright. In some cases, if you are independently contracted, whoever is paying you does have some rights to the work. They may or may not be exclusive rights though.
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02/24/2004 12:09:19 AM · #11 |
Originally posted by Spazmo99:
Although, you may want to ask the IRS if they consider you an employee or an independent contractor. I know that some small business owners will tell you that you are an employee when in fact, you are, according to IRS terms, an independent contractor. |
It is much more common for companies to try and claim employees to be independent contractors so they can get out of paying payroll taxes. The key issue is who determines when/where/how the work is done. If a company contracts with you to provide an item (say a software program) in one month's time, but YOU decide what hours you work on it, at home or on your laptop, then you are an independent contractor.
The problem is, in this case, you have a specific, time-restrained task to do, probably with certain guidelines from them (about which shots to take, what type of angles and exposures to use, etc.), in which case you might likely be considered an employee; the wedding party contracted with this studio, and they assigned the job to you.
All that aside, I agree with the advice to just ask them to use them for your portfolio/promotional materials; I don't think you'd be able to just sell prints though (don't you think that's what the studio plans to do?). If they won't let you use them for yourself, I'd probably not work with them again .... |
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