 Sunny Jewell |
copyrights and selling Is wedding photography a "work for hire?,"and if so, how do you get to sell the photos afterwards. I am doing a photo shoot at a business (work for hire), so do I get to sell those photos, too? I'll be getting model releases, but what about the copyright or right to sell?? Thanks, sj.
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Ariel Lepor |
Yes, people hire photographers for weddings. They pay you (like $1000 or something) and you take pictures and give them to the couple. If you get a model release form from the people you photograph at the wedding, you can also sell these pictures. You keep copyrights unless you sell your rights to the picture.
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Mark Feldstein |
Nope. Sunny your definition is wrong. A photographic work for hire situation is created when the photographer is retained under a WRITTEN contract to photograph a particular event or series of them for a set fee and the photographer agrees, in writing that the arrangement is work for hire AND in the agreement surrenders his/her copyright to the hiring person(s) firm, along with the film or disks once the work is shot. In many such instances, the client specifically controls the manner in which the work is completed. In other words, it has to be specific and state WORK FOR HIRE and the copyright transfer has to also be specific and the deal has to be signed and dated by both parties. Don't let anyone tell you differently. Now, in your situation, as in any photographic situation, you automatically hold the copyright to your own work unless at some point you sign it away. Literally. So, unless your client has a written agreement to the contrary signed by you, the images remain your actual property and you retain the property rights to them. Then, you copyright the images in bulk, as you would normally at copyright.gov (and I urge you to do that promptly after you've fixed the work in a tangible, reproducible means of expression (like a CD). Then, with your model releases firmly clutched in hand, go sell them. The situation Ariel was describing is somewhat similar but not the same. The work for hire agreement is usually used by newspapers or magazine publishers, sometimes corporations or government agencies. Brides and grooms? Well, sort of, but what Ariel mentioned isn't really work for hire per se. It's more of a we're contracting with you to provide your services and surrender your copyright after the work is processed. Okie dokie?
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Jerry Frazier |
I wont shoot WFH. It can be profitable. But, someone has to pay me a ton of money to give up my rights to my images. Weddings are not WFH situations. I dont think they could pay me enough.
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Mark Feldstein |
I agree, Joe, but then I've only shot two weddings in my career, one of them actually pre-career at the tender age of 16 and I vowed never to do THAT again. The second was more recently for a fellow staffer and most of the guests were also photojournalists. It wasn't a wedding it was more like a cross between a press conference and a turkey shoot. LOL !!! I also agree that copyrights are near sacred and it would take a lot of dough to get me to even consider giving them up. Have a great weekend.
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Sunny Jewell |
Thank You All so much! It really helped me. NowI do remember reading that there has to be a contract to release the rights, but there is so Much to learn. I did a sucessful shoot and will load one or some into the gallery. Thanks, again. I really appreciate your being so quick to help. sunny.
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