Question about Photo Ownership

[compphenom]

For the past 5 years I have been doing concert photography for a radio station. I understand that the photos taken there are their property. However I am no longer working for the station and they hired me back as a freelance with no contract. I was asked to show up and the guy handed me a check for the night. I took over 1400 photos and I am delivering them to him on DVD.

My question is, who owns the photos? I'm thinking I do since it was my equipment and no agreement was made that they own the photos....is that right?

- Kevin

 

[jols]

i think you own the copyright to every photo you take. it doesnt matter where you take the photo.

im sure someone will correct me if im wrong

 

[Big Mike]

This should be clear before you do the work or pass the photos.

If you are working an an employee, for someone...then I believe that the employer owns the rights...but in most of situations....you, as the photographer, own the rights to the photos to take. Unless, of course, you sell or give those rights to someone...and there are several different ways to do that.

In this situation, it might be best to just give them the rights, if they are paying you well, that is. What else would you do with the photos for anyway?

Or, you could right up an agreement/contract that specifies what right and use that you will allow them and what you will retain. For example, you might want to retain the right to use the photos for your own promotion. You might allow them to use the photos for advertising but not allow them to sell the images for profit....I really don't know, I'm just throwing this out.

You would be well advised to consult a lawyer to be sure of what your rights are. I'm not a lawyer, so take the advice as such.

 

[compphenom]

What else would you do with the photos for anyway?

Well, I also own a message board related to the music where I have thousands of fans who would like to buy the pictures. Many of them asked me at the venue and I told them to visit my boards along with the radio station's website. The radio station will only put up about 100 of the best photos. I plan on putting up most of the 1400 taken and would like to sell them. The station paid me with a personal check at the rate of $100 an hour. Like I said, there was no agreement before hand and I am no longer an employee of the station. They are expecting me to mail DVD's of the photos today.

- Kevin

 

[Mike_E]

So long as you weren't 'working for hire' they should still be your property.

 

[el_shorty]

I plan on putting up most of the 1400 taken and would like to sell them.

You may not be able to sale the photos you took of the bands, not without a model release, the artists and the record companies own the rights to their likeness, but the laws varies from state to state.
Like what Big Mike said, consult an attorney to be sure of what your rights are.

 

[skieur]

The general standard contract that the freelancer should have the employer sign is one where the photographer retains the rights to all photos that are not used in the particular assignment.

skieur