How to protect photo rights-odd situation

[ead90]

Hello! I'm a newbie here, so please bear with me

I have a question regarding shooting photos for a cookbook. Here's the situation: I work at a food shop and have been getting very serious about food photography. The owner of the shop is currently writing a cookbook and needs photos. She has asked that, during one of our classes, I take the photos of her food for use in the cookbook (she has requested that I use her camera, but I do not feel comfortable with this since it is a Nikon and I typically shoot with my Canon lenses). Of course, since I am just getting my foot in the door and this is a great opportunity, I am working for the experience and not for compensation.

My question is: How do I protect myself in this instance? Should I draw up a contract? (I don't want to step on any toes, but I do want credit if my photos are featured in the cookbook) I also need to post-edit since I will be shooting in RAW format, so I do not want to shoot on her camera. In addition, I don't want to just hand over the photos without having edited them, etc. I hope someone has some advice that could send me in the right direction.

Thanks in advance!

 

[X100]

Hello! I'm a newbie here, so please bear with me

I have a question regarding shooting photos for a cookbook. Here's the situation: I work at a food shop and have been getting very serious about food photography. The owner of the shop is currently writing a cookbook and needs photos. She has asked that, during one of our classes, I take the photos of her food for use in the cookbook (she has requested that I use her camera, but I do not feel comfortable with this since it is a Nikon and I typically shoot with Canon). Of course, since I am just getting my foot in the door and this is a great opportunity, I am working for the experience and not for compensation.

My question is: How do I protect myself in this instance? Should I draw up a contract? (I don't want to step on any toes, but I do want credit if my photos are featured in the cookbook) I also need to post-edit since I will be shooting in RAW format, so I do not want to shoot on her camera. In addition, I don't want to just hand over the photos without having edited them, etc. I hope someone has some advice that could send me in the right direction.

Thanks in advance!

Hi! I don't know how the law works in your country, and so cannot give strong advice. But generally speaking, I would suggest that since you do work at the food shop, it might be best to just enjoy the the photography, learn as much as possible from the experience, and give up the rights to the pics.

For twenty years I shot hundreds of training photographs, and made scores of training films..... for the companies that employed me. Because I was being payed when I took these shots and scenes, everything belonged either to the contractor I worked for or the contracting company. I just got masses of reputation within the trade I was involved in, and was always allowed to keep copies of everything for my employment portfolio.

My guess is.....enjoy it all and et permission to add all to your portfolio. Good luck, anyway..... whatever you decide.

 

[cgipson1]

ALWAYS get a contract.. stating what you expect, and what you client expects. Verbal agreements tend to change...

I am not going to say what you should do.. that is up to you, but whatever you do decide.. put it on paper, and get signatures....

 

[CCericola]

Sounds like, because you will be shooting during work hours and are getting paid then the employer owns the rights to the photos, not you. It is more of a work for hire situation. To be sure a contract should be in place so there is no confusion. Your employer's editor should have told them this already and probably already has a contract they can give your boss.

 

[KmH]

Your profile does not show a location.
Copyright and publication laws vary by country.
Photo credit is almost completely worthless.

U.S. Copyright Office
http://www.copyright.gov/circs/circ09.pdf - Work Made for Hire.

Yes. A contract is highly recommended if you want to protect your interests in this business deal.
I would not recommend making and allowing the use of your images at no charge.

Photography is apparently not a normal task as defined by your job description. In that case, it is likely not a Work for Hire situation under US law and you will own the copyrights.
One clause in your contract would state that you retain copyright to the images you make.
However, in the US copyrights have little legal traction until the copyrights are registered with the US Copyright Office.

 

[Big Mike]

Yes, the best thing to do, is to set you your (and their) expectations, in writing, before you do anything. That way, you both know what is expected and there shouldn't be any hard feelings afterward. Maybe you want photo credit on the cover of the book, or maybe you want a percentage of sales, or maybe some other form of compensation. But whatever it is, you should both know it before you do the shooting, or at least before you turn them over.

As mentioned, we don't know you location, so the rules/laws might be different for you than for others. But in the US, for example, you own the copyright right when you snap the photo, unless you have previously agreed otherwise. It can be a little tricky because this is your employer....because if it's part of your 'regular' job duties to take photos for your employer, then copyright may be automatically owned by them. But if photography is not part of your job, then you may still own the copyright, even if you are doing this 'on the clock'.

Either way, the key point is that you outline the expectations before hand (write up a contract).