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Thread: about ownership of photographs from paid shoots.

  1. #1

    Default about ownership of photographs from paid shoots.

    hi another newbie question haha

    just wanna ask, lets say a company engaged me to cover a company DnD (not his company). and i did it for him. Then those pictures i shot at the event, do they belong to me, and i give permission for them to use it, or do they belong to them, and i need permission to use them?

    regards,

  2. #2
    Moderator catchlights's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Read my next post
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  3. #3
    Moderator catchlights's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Regarding local copyrights issue, many local photographers have miscoception, we do not follow the copyrights law of US..

    I research the copyrights and ownerships issue on portrait photography, this is what I found

    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 pursuant to the terms of his employment, the employer owns the copyright in the work.

    Special situation for newspaper/magazine/periodical employees: Where an employee of a newspaper, magazine or periodical creates a literary, dramatic or artistic work pursuant to the terms of his employment and for the purpose of publication in a newspaper, magazine or periodical, the proprietor of the newspaper, magazine or periodical owns the copyright in respect of publication in or reproduction for the purpose of publication in any newspaper, magazine or periodical. The employee owns the remaining rights that make up the copyright bundle of exclusive rights.
    Commissioning: If a portrait/photograph/engraving is commissioned by another party, the commissioner owns the copyright in the work. If the portrait/photograph/engraving is required for a particular purpose, this purpose must be communicated to the commissioned party. While the commissioner is the copyright owner, the commissioned party has the right to stop others from doing any act comprised in the copyright, unless such act is done for the particular purpose for which the portrait/photograph/engraving is created.

    For other types of commissioned works, ownership belongs to the commissioned party, unless the commissioner and commissioned party otherwise agree.

    As mentioned in the introduction, the copyright owner may transfer his rights to another party or entity either partially or wholly.

    taken from http://www.ipos.gov.sg/leftNav/cop/O...and+Rights.htm

    and also this

    1. Copyright Copyright at Work
    I provide photography services. Do I own the copyright to the photos that I take for my clients? If I don't, is there any way that I can own the copyright? I want to showcase the best photos in my website and brochures.

    In general, clients who pay for your services own the copyright to the photos taken. However, you have limited rights in that if the photos are required for any particular purpose (e.g. a corporate client wants glamour shots of the senior management, to use in its annual report), your clients should tell you and you are entitled to prevent the photos from being used for other purposes.

    In practice, however, many photographers have their own terms of engagement with clients. The parties are free to have their own agreement, which automatically overrides the above default position. Thus, for example, you and your clients can mutually agree that you will own the copyright in the photos but that your clients can use the photos for certain purposes; or that your clients own the copyright but you have the license to reproduce the photos in your website and brochures.
    In simple words, photographers does not own the copyrights of the photographs, from the moment we collect money from the our customers, unless both parties enter an agreement to supersede the default law. (see the print in blue above)
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  4. #4

    Default Re: about ownership of photographs from paid shoots.

    whoa, thats a whole chunkful. but i think i got it.

    means if im hired(or comissioned) by an employer to shoot something, the copyright of the pictures belong to them. however i do retain enough rights to know where they going to use my pictures and stop them if the area of publication is outside of original intent. unless there's a previous agreement.

    do correct me if im wrong. thanks catchlights!!!
    Last edited by IsenGrim; 3rd December 2009 at 10:54 PM.

  5. #5
    Deregistered shaoken's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Sorry to cut..

    Does it mean that during a model shoot (for example) or TFCD, if we are not paid by the model to do the shoot, the photo rights belongs to the photographer?
    But when the model pays the photographer, the rights belong to the model and no longer the photographer?

    Thanks.

  6. #6
    Moderator catchlights's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Quote Originally Posted by shaoken View Post
    Sorry to cut..

    Does it mean that during a model shoot (for example) or TFCD, if we are not paid by the model to do the shoot, the photo rights belongs to the photographer?
    Yes, you (photographer) own the ownerships/copyrights of the photographs.

    but since TFCD is a co work, best is put in black and white who owns ownerships/copyrights of the photographs.
    Quote Originally Posted by shaoken View Post
    But when the model pays the photographer, the rights belong to the model and no longer the photographer?

    Thanks.
    Yes, the person who commission you (photographer), will own the ownerships/copyrights of the photographs.
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  7. #7
    Moderator catchlights's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Quote Originally Posted by IsenGrim View Post
    whoa, thats a whole chunkful. but i think i got it.

    means if im hired(or comissioned) by an employer to shoot something, the copyright of the pictures belong to them. however i do retain enough rights to know where they going to use my pictures and stop them if the area of publication is outside of original intent. unless there's a previous agreement.

    do correct me if im wrong. thanks catchlights!!!
    you take the money, you sold your rights away. so what they do to the photos, in none of your business anymore.

    If you want to retain all rights, partial rights, big rights, small rights.... make your client sign the contract with you.
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  8. #8
    Deregistered shaoken's Avatar
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    Default Re: about ownership of photographs from paid shoots.

    Quote Originally Posted by catchlights View Post
    Yes, you (photographer) own the ownerships/copyrights of the photographs.

    but since TFCD is a co work, best is put in black and white who owns ownerships/copyrights of the photographs.
    Yes, the person who commission you (photographer), will own the ownerships/copyrights of the photographs.
    Ok, thanks for the explanation.

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