Company Contracts

[KajeYomama]

I'm not sure if this is the right forum to be in, but I didn't find a more appropriate place.

In general terms, when a photographer is hired (not freelance), does the company or photographer USUALLY own the rights to the images? I know it depends on what the contract says, but I'm just trying to get an idea.

More specifically:
The company must get press clearance or a press pass for the photographer before sending him/her out to these events. At the events the photographer takes many pictures, postprocesses them, then submits them to the company's director of photography. The director the filters and decides which ones to use.

Does the photographer own the copyrights and the company owns publishing rights?
or does the company own all the rights? or does the company own none of the right?
(of the photographs)

Thanks in advanced.
Kaje

[BuddhaPi]

I believe and I may be mistaken, if you are employed by the company,as in drawing a salary, then the company owns the copyright. Whereas if you are hired as a sub-contractor you would own the copyright.

[andyw]

The company will own the copyright to the images unless the photographer has negotiated otherwise.

This is the relevant section in the UK copyright act. (2)
The US and most western countries are similar.

Copyright, Designs and Patents Act 1988

So where you are an employee then the company owns copyright.

[Durnik20]

I think this is something that IS covered in any contract or hiring agreement when a photographer gets hired.

If you have already been hired, go back and read it. (and really you should have read it first)

If you are thinking about getting hired, then ask them to show you the contract first.

[KajeYomama]

What if I'm the one employing photographers and want to create a contract. Which way should I draft the terms?

[andyw]

Originally Posted by KajeYomama

What if I'm the one employing photographers and want to create a contract. Which way should I draft the terms?

If you are taking on a photographer as a full time employee then the contract would be the same as for any other worker with the obvious things such as duties/working hours being amended for the individual.
The default position in employment is anything designed, written, taken etc. for and in the course of that employment is the property/copyright of the employer.


If the employee wants to be able to use or have their name associated with that item then that needs to be agreed with the employer.

If the copyright of images is to be the photographers then that needs to be written into the contract but at the same time there has to be a solid agreement/license that all images taken in the course of employment with Acme Widgets inc. are full licensed to AW inc. for all time.

I think all the contracts I have seen for permanently employed photograhers have been that the work produced is copyright of the employers BUT the employee can use them for personal/portfolio use but NOT commercial use.

This is something which you need an employment lawyer for. Not a bunch of snappers on the interwebby.

Edit: This may be helpful for the U.S. http://www.copyright.gov/circs/circ09.pdf
And off course one must remember that all this is totally irrelevant if you are in a different country or employing someone in a different country as laws and regulations are never the same.
UK for instance does not have the "work made for hire" stuff, but does have the employer clauses when a person is a salaried employee etc etc ad nauseum.

[JFeinbergPhotography]

Originally Posted by KajeYomama

What if I'm the one employing photographers and want to create a contract. Which way should I draft the terms?

You may allow them to own the copyright of the image, but make sure they give you full recognition each time the photo is published.

[Jim Bryant]

To be greedy these days and not having to pay for usage rights, companies sometimes add a clause in their contracts stating that company owns the photos. And believe me they try to sneak that one in. It's what we call WFH (Work for Hire) contracts.

If you are full time company employee, who's main job is photography, then the company owns the photos. However, if your job is other than photography, you are hired as a freelancer and it's up to you to negotiate in order to keep your image rights.

You sign the images over to the company, they can use them for web, annual reports, press releases, in house magazines and magazines, advertising and not have to pay you.

Don't not sign work for hire contracts period. Even if you don't get the job, it's better than giving away the farm. In the end they will respect you and most importantly you'll respect yourself. AndyW has made some pretty good points. You could grant them limited rights for a certain period of years, you keep the copyrights and make sure you get credit on every picture they use.