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|| SportsShooter.com: Member Message Board

Credit for Assistant's Photo
 
Jay Connor, Photographer
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Cambridge | MA | USA | Posted: 7:08 PM on 07.10.11 |
->> I think this has been addressed before but I cant find the thread
Yesterday I hired an assistant to shoot a wedding
We interchanged cameras and lenses during the shoot - all of the equipment was mine
and the assistant shot under my direction
I cant really tell in some cases whose shot it was - and it didnt matter to me for the wedding shots
On the way home we came across a movie shoot, stopped and got some pix
It was unscheduled
We each got a few good pix
I paid the assistant an additional amount of money for the additional time
I submitted 4 of my shots to the local paper
There was one of my assistant's shots that I would have sent in but I didnt b/c I dont know if it is ethical to send it in my name
I know this came up in the past - I think involving an SI case where the photogs often have assistants
Would appreciate members comments
Best
Jay |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 10:52 PM on 07.10.11 |
->> My understanding of copyright law is that work for hire arrangement for a non-employee requires a written contract. Absent that, the assistant retains complete copyright to their images. It does not matter who owns the equipment that is used. (Calling the individual an employee would open a whole other can of worms, including withholding, unemployment insurance, etc.)
As such, my lay opinion is that given what you provided above (no mention of a written contract with the assistant) you were correct in not submitting the image under your name as you did not hold the copyright. It's not so much an ethical issue as it is a legal one.
(Standard I am not an attorney and this is just my personal opinion disclaimer) |
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Darrell Miho, Photographer
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Los Angeles : SFO : HNL | CA | usa | Posted: 12:24 AM on 07.11.11 |
| ->> why not ask your assistant and tell them to submit the photo or get permission from your assistant and submit the photo under their name? |
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Jay Connor, Photographer
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Cambridge | MA | USA | Posted: 9:42 AM on 07.11.11 |
->> Hi Darrell
Because I was trying to sell my picture to the Globe
Which they ran today
Best
Jay |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 10:21 AM on 07.11.11 |
| ->> I would have thought the proper credit (assuming your ownership or co-ownership of the (C)) would be your_assistant/your_company. |
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Delane B. Rouse, Photographer, Photo Editor
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Washington | DC | US | Posted: 2:08 PM on 07.11.11 |
->> Jay...I'm a little confused. Why didn't you send in your assistants image?
If you sent them in they should to be credited the way Eric listed them above For example, last week Dirk Dewachter shot an assignment for me and it would be credited as "Dirk Dewachter/Rouse Photography Group".
It's not the same as the SI assistants sitting there with a drone camera or setting a remote. It sounds like your assistant had the camera in his hands, focused, composed, pressed the shutter...did it all. So no it wouldn't be ethical for you to submit the photo in your name. Darrell is right..you ask your assistant and tell them to submit the photo or get permission from your assistant and submit the photo under their name.
Hope this helps.
Delane |
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Jay Connor, Photographer
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Cambridge | MA | USA | Posted: 2:35 PM on 07.11.11 |
->> Eric and Delane
Thanks for clarifying things.
So Delane, in your case the picture credit would be "Dirk Dewachter/Rouse Photography Group"
Then you would send in an invoice for payment for your company
Correct ?
Jay |
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Delane B. Rouse, Photographer, Photo Editor
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Washington | DC | US | Posted: 2:56 PM on 07.11.11 |
->> Yes, that is the way it would read.
Payment...whatever is easiest. In this case...yes...
I invoiced the client and Dirk invoices my business. The client pays me, and I pay Dirk. |
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Jay Connor, Photographer
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Cambridge | MA | USA | Posted: 7:11 PM on 07.11.11 |
->> Great
Thanks Delane and All
Jay |
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