Pro Shoot (Wedding) and Photo Ownership?

[dmtx]

Please help with a debate with a semi-pro photographer.

When one hires a photographers to shoot an event, like a Wedding, who, by default, owns the photos? Some photographers assume ownership, even though they were paid to shoot the event.

I assume that the client/photographer contracts needs to address this issue.

Thanks

 

[Edsport]

I'm guessing this is why a contract is signed. One that clearly states who owns the photos...

 

[j28]

I own every image I take. A couple hiring me to shoot their wedding has no more "rights" to my work than a family hiring me for a portrait session. That being said, my contract clearly spells this out for both situations. Having a clear contract is, IMO the single most important aspect of the business end.

 

[tirediron]

It depends on where you are, and how your contract is written. In Canada, unless specifically stated and acknowledged in a contract, copyright belongs to the person who is paying for the work. I believe, in the US, that the photographer by default retains copyright unless specified otherwise.

 

[Big Mike]

It depends on where you are, and how your contract is written. In Canada, unless specifically stated and acknowledged in a contract, copyright belongs to the person who is paying for the work. I believe, in the US, that the photographer by default retains copyright unless specified otherwise.

Bingo!

 

[bogeyguy]

No contract required for "bingo". LOL!

 

[bennielou]

It needs to be spelled out in a contract and explained to the client.

For instance, my clients are aware that they have print rights, but NOT the copyright.

I reserve the rights to sell the photos, use them in marketing, blog them, facebook them, and use them for general publication.

What they have a right to is to print as many photos as they want. They do NOT have the right to send them to publications or third party vendors.

 

[KmH]

Please help with a debate with a semi-pro photographer.

When one hires a photographers to shoot an event, like a Wedding, who, by default, owns the photos? Some photographers assume ownership, even though they were paid to shoot the event.

I assume that the client/photographer contracts needs to address this issue.

Thanks

Visit www.copyright.gov for the particulars. By default - the photographer owns the copyright here in the USA.

By the way: Here in the US the copyright is good for the life of the author/photographer/etc, plus 70 years after the author/photographer/etc's death, so the copyright can be wiled to the heirs.

in short, the copyright to a single photo can be quite valuable (ie, expensive to buy).

 

[fatDAD]

So in Canada, the owner of the photos is the one whom pays for them?

unless specifically stated and acknowledged in a contract

I should pay more attention :lmao:

 

[KmH]

So in Canada, the owner of the photos is the one whom pays for them?

unless specifically stated and acknowledged in a contract

I should pay more attention :lmao:

You will find Canada copyright law here: Copyright Act

 

[LiquidGrace]

I state in my contract that clients retain non-commercial printing rights only. As stated a few times it's never good to have this type of thing left as an assumption. Even though in the US we retain the rights to the photos, I still have it spelled out in the contract. This way it leaves no room for misinterpretation. The clients aren't the ones doing the work, posing, post processing, using my equipment. I would feel very slighted if a client entered a photo I took into a magazine or gained some monetary value from the photo.

Contract, contract, CLEAR contract . If you have to spell everything out do it.

 

[bennielou]

Depends on the contract. Do you have one?

 

[dmtx]

I noticed that any "work specially ordered or commissioned for use as a contribution to a collective work", could be considered as owned by the one who commissioned the work. I wonder if this has ever been evoked to show ownership of pics. of a party, wedding?