Page 1 of 3 123 LastLast
Results 1 to 20 of 57

Thread: photographer's copyright

  1. #1
    Senior Member
    Join Date
    Jan 2002
    Location
    east side
    Posts
    1,937

    Default photographer's copyright

    was wondering, where does it state that despite taking pictures for a client, when they want to use the pictures taken for online use, it is another type of copyright? and particular charges be made?

    Is there a place/site we can go look thru?

    thanks

  2. #2

    Default

    I dont really understand your question. Can you clarify?

  3. #3
    Senior Member
    Join Date
    Jan 2002
    Location
    east side
    Posts
    1,937

    Default

    errr.. k i try my best to explain

    I know that when someone hires you, the copyright of the photo still belongs to the photographer , am i right?
    And if the client wants to use the pictures for online web usuage, as the photographer, do we have the right to tell them they have to pay us to use it for online purposes despite paying us for taking the pictures in the beginning?

    What im trying to find out is that, where does it state that the photographer has the right to charge for photos taken, used online by the client

  4. #4
    Deregistered
    Join Date
    Sep 2004
    Location
    woodlands baby!
    Posts
    281

    Default

    yes.... first you charge the client a service fee... that is just the shooting alone... the pictures belong to you..
    and then you charge the usage fee.... the fee the client have to pay to use YOUR pictures..
    remember this is intellectual property we're talking about here.

    let say the client tells ya he wants to use the beer pictures you've shot for a 3 month run on the magazines..and he pays you X amount of money...to use it for that specific purpose.

    and y amount money if he wants to use it on the internet .

    of course this is the ideal situation. and everything should be in black and white .

  5. #5
    Senior Member
    Join Date
    Oct 2002
    Location
    Behind the viewfinder...
    Posts
    5,851

    Default

    as above, Zig's reply is your answer. Perhaps our lawyer friends can come in again to shed some more light?

    Eadwine - that of coz is the ideal situation where your work will be paid for both the shooting and the usage so package your pricing accordingly after 1st checking with your client if they are using it for commercialism

  6. #6

    Default

    I think it all depends on the terms between you and the party who hires you. It can be both ways and the term should be clear to both party whether it's for limited usage or unlimited.

    Work for hire typically owned by the employer, however artistic works typically owned by the author of the work, so if there's no clear agreement, it can really goes both ways.

  7. #7
    vince123123
    Guests

    Default

    Actually zig's answer may be misleading.

    In the absence of any terms, copyright belongs to the person who commissioned you if it is for valuable consideration. You'll need specific contractual terms to make it the way you want it to be.

    Quote Originally Posted by zig
    yes.... first you charge the client a service fee... that is just the shooting alone... the pictures belong to you..
    and then you charge the usage fee.... the fee the client have to pay to use YOUR pictures..
    remember this is intellectual property we're talking about here.

    let say the client tells ya he wants to use the beer pictures you've shot for a 3 month run on the magazines..and he pays you X amount of money...to use it for that specific purpose.

    and y amount money if he wants to use it on the internet .

    of course this is the ideal situation. and everything should be in black and white .

  8. #8

    Default

    do you require a lawyer to draft out the agreement/contract? Or is there a template of some sort to refer to?

    Clubsnappers who have sold stock to Getty images and such could you advise? Thanks

  9. #9
    vince123123
    Guests

    Default

    if it's that important to you, pay a lawyer to do it.

    Quote Originally Posted by blimmer
    do you require a lawyer to draft out the agreement/contract? Or is there a template of some sort to refer to?

    Clubsnappers who have sold stock to Getty images and such could you advise? Thanks

  10. #10
    vince123123
    Guests

    Default

    First para seems accurate, second doesn't...


    Quote Originally Posted by yunghans
    I think it all depends on the terms between you and the party who hires you. It can be both ways and the term should be clear to both party whether it's for limited usage or unlimited.

    Work for hire typically owned by the employer, however artistic works typically owned by the author of the work, so if there's no clear agreement, it can really goes both ways.

  11. #11

    Default

    from what i know....the employee's work will be owned by employer if the employee is being paid/fund or use any resources provided by employer. In this case, if no form of agreement stated, the work should be owned by employer. Unless it is a charity event that no one is paying you....

    correct me if i am wrong...

  12. #12
    Senior Member
    Join Date
    Jan 2002
    Location
    east side
    Posts
    1,937

    Default

    Quote Originally Posted by tantingchin
    from what i know....the employee's work will be owned by employer if the employee is being paid/fund or use any resources provided by employer. In this case, if no form of agreement stated, the work should be owned by employer. Unless it is a charity event that no one is paying you....

    correct me if i am wrong...
    We can look at it in a few ways, the "product/s" are provided by the employer but the equipment used belongs to us..then how/where do we draw the line?

  13. #13

    Default

    Quote Originally Posted by tantingchin
    from what i know....the employee's work will be owned by employer if the employee is being paid/fund or use any resources provided by employer. In this case, if no form of agreement stated, the work should be owned by employer. Unless it is a charity event that no one is paying you....

    correct me if i am wrong...
    i mean if the employee is being paid/fund OR use any resources provided by employer....either one...

    in this case, employer pay the employee to produce thing...so employer own the product...

  14. #14
    Senior Member
    Join Date
    Jan 2002
    Location
    east side
    Posts
    1,937

    Default

    Quote Originally Posted by tantingchin
    i mean if the employee is being paid/fund OR use any resources provided by employer....either one...

    in this case, employer pay the employee to produce thing...so employer own the product...

    somehow still we can look at it in alot of ways.
    scenario: employer tells me to take photo of a busstop. he post busstop picture online, does it mean he owns the busstop since u said he provided the resources.... in this sense...the employer doesnt own the busstop.

    was reading in Digital PhotoPro Mag, Jan/Feb 2004 issue in an article
    this photographer quoted
    "..according to the Law, if you create it, you own it"
    Last edited by eadwine; 15th April 2005 at 06:40 AM.

  15. #15

    Default

    Quote Originally Posted by eadwine
    was reading in Digital PhotoPro Mag, Jan/Feb 2004 issue in an article
    this photographer quoted
    "..according to the Law, if you create it, you own it"

    Digital Photo Pro Magazine from which country? U in which country?

  16. #16

    Default

    Quote Originally Posted by eadwine
    We can look at it in a few ways, the "product/s" are provided by the employer but the equipment used belongs to us..then how/where do we draw the line?
    The question here is ....... when you used the equipment to take the pictures ..... were you employed by the employer to take the pictures? If it is, then the copyright belongs to the employer, portriats or pictures with models is excluded from this clause.

    Correct me if I am wrong.

  17. #17

    Default

    Quote Originally Posted by eadwine
    somehow still we can look at it in alot of ways.
    scenario: employer tells me to take photo of a busstop. he post busstop picture online, does it mean he owns the busstop since u said he provided the resources.... in this sense...the employer doesnt own the busstop.

    was reading in Digital PhotoPro Mag, Jan/Feb 2004 issue in an article
    this photographer quoted
    "..according to the Law, if you create it, you own it"
    There is a better article that describle the copyright law in Singapore ..... please read chapter 63 of the Singapore Statues.

  18. #18
    ClubSNAP Admin Darren's Avatar
    Join Date
    Jan 2002
    Location
    Melbourne
    Posts
    8,517
    Blog Entries
    2

    Default

    Quoting from this page from IPOS (Copyright Ownership and Rights) :

    Quote Originally Posted by IPOS
    OWNERSHIP

    Generally, the person who created the work (i.e. the author) owns the copyright in the work. However, there are exceptions to this general rule. Some exceptions are:

    Employment: If the work is created by an employee in the course of his work as an employee, in pursuance of the term of employment, the employer owns the copyright in the work.

    Commissioning: If the painting/portrait/photograph/engraving of a person is commissioned by another party, the commissioning party owns the copyright in the work. For other commissioned works, ownership rests in the commissioned party who created the work although the copyright may be transferred or assigned as established by the contract between the commissioner and commissioned party.

    The owner of the copyright may assign his rights to another party or entity. He may assign his rights partially or license his rights in a manner of his choice. The separate rights given under copyright (e.g. right of reproduction) can also be assigned separately from other rights.

    Special situations for certain professions:

    Journalist or writer: In the course of employment as a journalist or writer for a newspaper, magazine or periodical OR under a contract of service or apprenticeship, the proprietor of the newspaper, magazine or periodical owns the copyright for the purpose of publication or reproduction in the newspaper, magazine or periodical.

    Photographer or artist: If a photographer is engaged to take a photograph of a person or an artist is engaged to draw a portrait of a person, that person owns the copyright.
    From the above, if the photograph is taken for (commissioned by):
    a) a person - copyright belongs to the person.
    b) an object owned by XXX - rights owned by photographer unless transferred to XXX; or YYY is XXX didn't request for ownership transfer.

    In the case of a person, the law is pretty clear -rights belong to the person, unless the photographer puts in the contract or sales agreement that the photographer has rights to re-use or re-sell, in which case, the photographer has to get the commissioning party to sign a model release.

  19. #19

    Default

    if you think they should not use your photo to publish it online, first thing to do is demand them to remove it online and then talk about the damage costs.

  20. #20
    vince123123
    Guests

    Default

    There is no exception for portraits or pictures with models.

    Quote Originally Posted by blurblock
    The question here is ....... when you used the equipment to take the pictures ..... were you employed by the employer to take the pictures? If it is, then the copyright belongs to the employer, portriats or pictures with models is excluded from this clause.

    Correct me if I am wrong.

Page 1 of 3 123 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •