Who owns what?

[Nikisha]

Hi

I'm an amateur photographer. I was just hired to take pictures of a PR event. The only discussion was that I didn't need to do any editing, just to send a cd/ftp the pics to them.
It was also discussed that I'd get credit for any photos used.

My question is, if there was no discussion abt it, who owns the photos? Do I need to get their permission before putting them up on my profile website, facebook, etc? If someone else from another publication asked me to send them a few pictures that I took that night, can I do that? If the manager at the venue asked for pictures of the venue, can I send those to her?

If I sent her the originals, what happens to the ones I edit for my own purposes?

Thanks

[RLucas]

Originally Posted by Nikisha

Hi

I'm an amateur photographer. I was just hired to take pictures of a PR event. The only discussion was that I didn't need to do any editing, just to send a cd/ftp the pics to them.
It was also discussed that I'd get credit for any photos used.

My question is, if there was no discussion abt it, who owns the photos? Do I need to get their permission before putting them up on my profile website, facebook, etc? If someone else from another publication asked me to send them a few pictures that I took that night, can I do that? If the manager at the venue asked for pictures of the venue, can I send those to her?

If I sent her the originals, what happens to the ones I edit for my own purposes?

Thanks

Was there a written contract involved? If so, what does it say?

[jdepould]

OK, there are two things here: reality and what most people think.

Reality: absent a written transfer of copyright, a freelance photographer will own all rights to the images. An employee who does photography in the course of their normal work duties automatically transfers copyrights to the employer ("work for hire").

Most people think: I paid for it. It's mine. Shove off.

Good luck.

[RLucas]

Originally Posted by jdepould

OK, there are two things here: reality and what most people think.

Reality: absent a written transfer of copyright, a freelance photographer will own all rights to the images. An employee who does photography in the course of their normal work duties automatically transfers copyrights to the employer ("work for hire").

Most people think: I paid for it. It's mine. Shove off.

Good luck.

That's why I asked if there was a contract signed. Event people are starting to word contracts in a way that turns it in to a rights grab thing. I saw it on a blog that Sime had linked to. It seems to be happening a lot in the music industry especially. I'll find the link when I get home and post it here.

[Nikisha]

There was no written contract. I don't want to burn bridges either.
But I do want to know what the protocol is.
For now, I asked her if it was ok if I posted pics on my own site, etc or should I wait until after she had released them.
But I do want to know generally speaking.. what usually happens.

[OsmosisStudios]

jdepould explained it: normally the photos are yours.

[autofocus]

Originally Posted by Nikisha

There was no written contract. I don't want to burn bridges either.
But I do want to know what the protocol is.
For now, I asked her if it was ok if I posted pics on my own site, etc or should I wait until after she had released them.
But I do want to know generally speaking.. what usually happens.

Did you see what Jamie said above?? Without a written agreement that states otherwise, you own them and therefore free to do as you see fit. As a courtesy to her, you may want to wait until she does what she needs to do with them. Also, you may want to be aware that there could be model release issues if you plan to use the photos for self promotion or for advertising purposes

[Jim Bryant]

As autofocus said.......you own the copyright unless you sign a fore hire agreement which gives copyright whomever that employes you. That's something you should never do unless they are willing to purchase an outright buyout. But....it's on our part to find out what they plan to do with the images.advertising, web or newsletter. You could stand to lose countless thousand of dollars if it for advertising. You need ti ask questions about usage right and what the intend to do with the images......... a bylines does not pay the bills.

[jdepould]

Originally Posted by RLucas

That's why I asked if there was a contract signed. Event people are starting to word contracts in a way that turns it in to a rights grab thing. I saw it on a blog that Sime had linked to. It seems to be happening a lot in the music industry especially. I'll find the link when I get home and post it here.

Concerts are the worst. I shot a Phish show a while back, and while I didn't give up the rights, I basically can't use the images. Drives me up the wall, because I was pretty happy with the shoot.

[RLucas]

Originally Posted by jdepould

Concerts are the worst. I shot a Phish show a while back, and while I didn't give up the rights, I basically can't use the images. Drives me up the wall, because I was pretty happy with the shoot.

As much as I love music, that is one industry I couldn't ever see myself working in. Especially after the Napster fiasco, and now after reading this.
Throughout The Universe, In Perpetuity: Why I Don’t Sign Copyright Grabbing Photo Contracts | This Is Not A Photo Opportunity