work for hire agreement

aggieobx · Apr 8, 2010

Hi I am new to this forum and hope this is not OFF TOPIC question. About 4 months ago we hired a photographer to help me with wedding as an assistant. We found a work for hire agreement online and it was signed by the photographer we hired.

In the agreement there is a note about them transferring all rights to us and that they are not allow to publish the photos on their website.

Unfortunately few days ago we realized that they posted some of the photos in their portfolio.

What should we do? We asked them before couple times not to publish any of the photos on their website, but they didn't listened. Because of the quality of the photographs they delivered we decided not to work with them anymore. Some of my images from this wedding were published in local magazine and I do not want any potential bride to go on their website and see the same couple. It can be confusing for them who was the photographer.

c.cloudwalker · Apr 8, 2010

All you can really do is threaten them. With a lawsuit that is. LOL.

Not an expert on the web things but I believe you could get in touch with the site hosting this person's portfolio, explain the situation, and tell them you want those taken down. The reason being that the web site itself could be liable and would be a much better target if you were to sue.

Now, if this is the person's own web site, good luck.

pbelarge · Apr 8, 2010

Are you friendly with an attorney? If so, ask him to write a letter on his letterhead. Make sure there is a deadline for them to remove it.

skieur · Apr 8, 2010

The legal approach in the U.S. is to register your copyright based on the for hire agreement. Then on legal letterhead send out a letter to the infringer and the owner of the server to the effect that you own the rights to the photos as per your contract and they have been published without your permission, so please take them down. Also write a letter to the publisher of the magazine to the effect that the shots were published without your permission as the copyright holder as per your contract.

If, nothing is resolved, then you may decide to sue and this has been done in the US without lawyers, by filling out the requisite court paperwork for copyright violation. It would seem straightforward if the contract is well written and therefore easy to prosecute.

skieur

KmH · Apr 8, 2010

The document Skieur is referring to is known as a DMCA take-down notice: Digital Millennium Copyright Act (DMCA)
Digital Millennium Copyright Act - Wikipedia, the free encyclopedia

Here is a web page that is linked to from www.photoattorney.com;
http://www.naturescapes.net/docs/index.php/articles/314

The other party can just as easily contend your claim is not valid and the web site can then put the image(s) right back up. Facebook and many other web sites do it every day.

skieur · Apr 9, 2010

KmH said:
The other party can just as easily contend your claim is not valid and the web site can then put the image(s) right back up. Facebook and many other web sites do it every day.

Not as easy, if the contract is well-written, and your copyright has been registered.

skieur

Big Mike · Apr 9, 2010

In the future, you might consider giving an assistant memory cards (if they are using their own cameras) and then collecting the cards as they are filled, or at the end of the wedding. That way, the assistant never gets the digital files.

That is the arrangement when I 2nd shoot, but it's primarily for the workflow of the main photographer. They usually send me the images I took, on a disc or two, after the wedding. I can use the images for my own portfolio, but I respectfully don't display them anywhere until the client has them and the primary photog has had a chance to publish them etc.

gtsphotogaphy · Jul 27, 2010

Can you Email me a copy of the blank contract I need one.

Mike_E · Jul 27, 2010

How desperate do you have to be to agree to a work for hire contract?

I can surely see agreeing to selling all the rights for an engagement or event, but work for hire!?!

nerelda · Jul 27, 2010

Big Mike said:
That is the arrangement when I 2nd shoot, but it's primarily for the workflow of the main photographer. They usually send me the images I took, on a disc or two, after the wedding. I can use the images for my own portfolio, but I respectfully don't display them anywhere until the client has them and the primary photog has had a chance to publish them etc.

I have to agree with this way of going about it. I can understand not allowing them to sell the images, but I personally think it's only fair to at least allow them to use the images they took in their portfolio after all is said and done.

Mike_E · Jul 27, 2010

You guys do realize that under a work for hire arrangement if you went outside and saw and shot a -name your mega-zillion dollar shot- that had nothing to do with the event you wouldn't own it, don't you.

Everything that you shoot while under one of those contracts belongs to someone else. Even if you risk your life to get the shot. Even if it's the beginning of a world changing event not related to the other, IT"S NOT YOURS!

You can agree to give up all rights for an event and not have to undergo a work for hire agreement and you'll give your employer all he or she needs.

Do not agree to a work for hire contract!

Rant over.

bahandi · Jul 28, 2010

Mike_E said:
You guys do realize that under a work for hire arrangement if you went outside and saw and shot a -name your mega-zillion dollar shot- that had nothing to do with the event you wouldn't own it, don't you.

Everything that you shoot while under one of those contracts belongs to someone else. Even if you risk your life to get the shot. Even if it's the beginning of a world changing event not related to the other, IT"S NOT YOURS!

You can agree to give up all rights for an event and not have to undergo a work for hire agreement and you'll give your employer all he or she needs.

Do not agree to a work for hire contract!

Rant over.

I think it's the other way around where the OP found someone to work for hire.

Mike_E · Jul 28, 2010

If it's evil to be done to then it's evil to do.

If A=B then B=A.

bahandi · Jul 30, 2010

Maybe, and maybe not. Consider the relationship between squares and rectangles.

Also, isn't it one's responsibility to understand and stick to a contract?

Mike_E · Jul 31, 2010

bahandi said:
Maybe, and maybe not. Consider the relationship between squares and rectangles.

Also, isn't it one's responsibility to understand and stick to a contract?

LOL If the contract is with the devil, no.