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SportsShooter.com: Member Message Board

Credit for Assistant's Photo
Jay Connor, Photographer
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
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
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
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
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
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
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
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
Cambridge | MA | USA | Posted: 7:11 PM on 07.11.11
->> Great

Thanks Delane and All

Jay
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Thread Title: Credit for Assistant's Photo
Thread Started By: Jay Connor
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