Use of images

[fotogenik]

When a photographer is hired to shoot portraits for a business, who is typically the copyright holder?

Does the photographer hold the copyright and licenses the client to use the images or does the client hold the copyright and have final say in the usage of the images?

I have been asked to shoot some portraits for a business and I am trying to figure out how to word the contract. I would like to be able to use the images in developing my portfolio, but not sure if that is normal business practice.

Thanks,

 

[markc]

A lot of shoots for clients are "work for hire", where the client owns the copyright. If you use the images without permission, you open yourself up to a lawsuit and being blacklisted. But it really depends on the contract.

http://www.copyright.gov/circs/circ9.html
http://danheller.blogspot.com/2005/04/work-for-hire-contracts-when-theyre.html

 

[craig]

I Fully agree with markc. I make sure that the client understands that they are buying the images from me. At that point I have no right to reuse the image without permission from them. For me that just means a phone call to get their permission. Also consider that if the image gets editorial use does the byline say PHOTO COURTESY BLAH BLAH PHOTOGRAPHY or PHOTO COURTESY BLAH BLAH CO. Personally I let the client have the photo courtesy. Keep in mind that my © philosophy is nieve. They pay a lot of money to retain the rights. I will not get picky. The more I read; I think that this the way to go. Copyright battles are sticky to say the least.

 

[markc]

Craig reminded me to emphasize that there should be a noticeable price difference between the two.

 

[craig]

Mark is totally right. Keep in mind that my fees are for print and web. If the client decides a Duratrans or whatever needs to be created from or use my image in it the fee goes much higher.