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|| SportsShooter.com: Member Message Board
Image Ownership Question: University style
Daniel Putz, Photographer
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Jefferson | MD | USA | Posted: 9:41 AM on 11.12.09 |
->> One of my current clients is a University who pays me an hourly rate to cover events and provide them with images for their website and various printed materials.
The issue has recently come up regarding ownership of the images. As I understand it, I own the images and license them for a period of time. Do I have this right? |
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Brandon McKenney, Photographer
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Portland | ME | United States | Posted: 9:46 AM on 11.12.09 |
| ->> Do you not have a contract signed with them? |
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Daniel Putz, Photographer
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Jefferson | MD | USA | Posted: 9:50 AM on 11.12.09 |
| ->> No. (*slams head into desk*) |
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Jack Megaw, Student/Intern, Photographer
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Pittsburgh | PA | America | Posted: 10:10 AM on 11.12.09 |
| ->> Always make them sign a contract! Otherwise you've had it! |
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Mike Carlson, Photographer
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Bayonet Point | FL | USA | Posted: 10:30 AM on 11.12.09 |
->> It's been a contentious issue for a while now...search the message boards, but the sticking point is that while may own the "creative" side, they control their image/logo/athletes etc.
The university for which I shoot put some wording in my contract regarding this which did grant me rights to sell and contribute for editorial purposes, but not license to outside entities without their permission. |
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TD Paulius, Photographer
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Orland Park | IL | USA | Posted: 2:38 PM on 11.12.09 |
| ->> Do you have an employment contract at all with the university? If they pay you to take photographs, you may be considered as a University employee, in which case, the employer owns the images you shoot for them. |
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Jim Colburn, Photo Editor, Photographer
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McAllen | TX | USA | Posted: 6:56 PM on 11.12.09 |
->> "(*slams head into desk*)"
Un-slam that head.
If you're not an employee and you haven't signed a contract that gives them the rights or a contract in which the phrase "work for hire" appears then YOU OWN THE COPYRIGHT TO THE PICTURES YOU TAKE, whether they pay you by the hour or by the day... |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 7:47 PM on 11.12.09 |
->> Daniel,
Absent a contract, you own all rights. The university is the entity that has no rights until you license them.
--Mark |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 11:28 PM on 11.12.09 |
->> TD, isn't that a slippery slope for the University - presuming they want to claim he's an employee just to claim copyright? If they do so, presumably he's entitled to all University benefits, perhaps civil service protection and, when they don't have him come back the next week, he files for unemployment................
Daniel -
How are you paid? Via accounts payable or payroll? 1099 or W-2 come tax time? |
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Marc Kawanishi, Photo Editor, Photographer
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Raleigh | NC | USA | Posted: 11:24 AM on 11.13.09 |
| ->> Daniel: Colburn and Loundy are correct. You also have implied copyright for all of your pictures unless otherwise specified by contract. |
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TD Paulius, Photographer
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Orland Park | IL | USA | Posted: 3:51 PM on 11.13.09 |
->> Oral contracts are held enforceable given ceratin conditions. Please do not think that a "contract" requires a piece of paper. When one agrees to work for another on an hourly wage to perform a specific task, that can be construed an employer-employee relationship. Part-time employees are employees notwithstanding their reduced hours that does not make them eligible for benefits.
And for those of you that want to cite the factors that were listed by the Supreme Court in CCNV v Reid, please note that Second and Sixth Circuit ourts of Appeals have different interpretations and weighing of those factors. Dan, go talk to a copyright attorney. It will be the best money you have ever spent. |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 4:39 PM on 11.13.09 |
->> TD, I never said "written."
Daniel, Were there any specific agreements in any form?
--Mark |
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