Author Topic: legal forms and procedure working with second photographers (Read 5697 times)

AYA · « **on:** July 08, 2015, 10:50 »

Hi there,
I've started to work with an other photographer who shoots details and portraits when I have more that 3 models on a photoshoot.
I was wondering if anyone has information on how to submit those files to agencies... Is there a standard contract that can be signed for that? do I need to upload a form when I submit their images in my account? I tried to look in the IS forum but didn't find anything.

thanks!!

tickstock · « **Reply #1 on:** July 08, 2015, 10:55 »

You or your business would need to get the copyright to those images.

cobalt · « **Reply #2 on:** July 08, 2015, 10:55 »

on upload you state that you hold all rights to the images. But you don't need to submit your contracts with people you hire,wether it is assistants, stylist,make up artists etc...

For your own interest you need to have your own work contract, what that should look like and how you make sure you hold all rights, will probably depend on your country.

Maybe your local photography association has contracts you could use?

For the models you need to send in the contract because the model is in the picture.

sweetgirll · « **Reply #3 on:** July 08, 2015, 11:03 »

Are you asking about "work for hire" contracts? This is one of the names used here in the USA...when you hire someone to work for you such as a contractor /photographer and you want to keep the copyrights of the work they produce for you. The best thing would be for you to find a book on contracts for designers or photographers...
Nolo.com has books on contracts and copyrights...also check on amazon....

Photography and design associations and guilds usually have some contract samples, but you will have to do some research.

As for models, usually agencies have a "model release contract", and "property release contracts" as well...

Quote from: cobalt on July 08, 2015, 10:55

on upload you state that you hold all rights to the images. But you don't need to submit your contracts with people you hire,wether it is assistants, stylist,make up artists etc...

For your own interest you need to have your own work contract, what that should look like and how you make sure you hold all rights, will probably depend on your country.

Maybe your local photography association has contracts you could use?

For the models you need to send in the contract because the model is in the picture.

AYA · « **Reply #4 on:** July 08, 2015, 11:20 »

I have model releases and property releases but I guess I am looking for a contract template. I am from Canada.

etudiante_rapide · « **Reply #5 on:** July 08, 2015, 11:44 »

the post is vague. who is hiring? are you the one hiring them or you are being an apprentice at their studio? or is this just 2 beginners working together?

as already mentioned, if the photographers are just being at my studio to gain knowledge, they do not own the images they take at my studio. they would need me to release those images even if they took it with their own camera.

it's like the studio hand pressing the shutter while the owner stands by the clients to pose them,etc
the studio owns the images.

but if this is just , as i said, a few photographers renting a studio to shoot. i suppose you can all discuss the rights . there's really no other way to ensure who owns what in that sense, except to make a release agreement between yourselves.

naturally, the models will have to signed MR to allow you to use their likeness for stock,etc.
no, the models do not own the images, as many newbie / wannabees model think that. ie. you asked for me to release the photos, so it must be that i own them. lol. no they don't.
but that's for another topic however anecdotal .

tickstock · « **Reply #6 on:** July 08, 2015, 11:49 »

Quote from: etudiante_rapide on July 08, 2015, 11:44

as already mentioned, if the photographers are just being at my studio to gain knowledge, they do not own the images they take at my studio. they would need me to release those images even if they took it with their own camera.

If you decide to follow this advice put away some money for when you get sued.

sweetgirll · « **Reply #7 on:** July 08, 2015, 12:25 »

Well,

On a second note, sometimes contract templates are not the best thing....

Professionals in the US hire lawyers to draft their contracts and agreements... if you are really serious about this you should think about it, and it might not be as expensive as you think... A lawyer would be able to look at your situation and how you are set up as business and do a template for you. Is a good investment.

etudiante_rapide · « **Reply #8 on:** July 08, 2015, 13:11 »

Quote from: tickstock on July 08, 2015, 11:49

Quote from: etudiante_rapide on July 08, 2015, 11:44
as already mentioned, if the photographers are just being at my studio to gain knowledge, they do not own the images they take at my studio. they would need me to release those images even if they took it with their own camera.
If you decide to follow this advice put away some money for when you get sued.

would you care to elaborate? do you own a photo-studio?

tickstock · « **Reply #9 on:** July 08, 2015, 13:15 »

Quote from: etudiante_rapide on July 08, 2015, 13:11

Quote from: tickstock on July 08, 2015, 11:49
Quote from: etudiante_rapide on July 08, 2015, 11:44
as already mentioned, if the photographers are just being at my studio to gain knowledge, they do not own the images they take at my studio. they would need me to release those images even if they took it with their own camera.
If you decide to follow this advice put away some money for when you get sued.

would you care to elaborate? do you own a photo-studio?

Simply put owning a studio doesn't mean you own the copyright of anyone shooting there. Even if they are shooting to gain knowledge they still own the copyright. If you set up the shot and do everything except push the shutter then maybe you could claim to own the copyright but that is much different than what you are talking about and even then you should still get a contract in order to protect yourself.

Sean Locke Photography · « **Reply #10 on:** July 08, 2015, 14:16 »

Quote from: tickstock on July 08, 2015, 13:15

Quote from: etudiante_rapide on July 08, 2015, 13:11
Quote from: tickstock on July 08, 2015, 11:49
Quote from: etudiante_rapide on July 08, 2015, 11:44
as already mentioned, if the photographers are just being at my studio to gain knowledge, they do not own the images they take at my studio. they would need me to release those images even if they took it with their own camera.
If you decide to follow this advice put away some money for when you get sued.

would you care to elaborate? do you own a photo-studio?
Simply put owning a studio doesn't mean you own the copyright of anyone shooting there. Even if they are shooting to gain knowledge they still own the copyright. If you set up the shot and do everything except push the shutter then maybe you could claim to own the copyright but that is much different than what you are talking about and even then you should still get a contract in order to protect yourself.

Sorry, tickstock is correct. Unless you have an overreaching rental agreement or something. You have no rights to anything shot in your studio by someone else.

tickstock · « **Reply #11 on:** July 08, 2015, 14:22 »

Quote from: Sean Locke Photography on July 08, 2015, 14:16

Sorry, tickstock is correct. Unless you have an overreaching rental agreement or something. You have no rights to anything shot in your studio by someone else.

Is it so bad you have to apologize for agreeing with me?

Sean Locke Photography · « **Reply #12 on:** July 08, 2015, 14:31 »

More, I felt bad for dashing their hopes of image domination

Click Images · « **Reply #13 on:** July 08, 2015, 15:03 »

Here are some Canadian-specific information on copyrights.

Canadian Copyright Act (revised in 2012):
http://laws-lois.justice.gc.ca/eng/acts/c-42/

section on copyright ownership:
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.

Another helpful site:
http://capic.org/copyright-laws/

Template for transfer of copyright example (not sure if it's pre- or post-2012 Copyright Act):
http://www.snsyc.ca/files/public/pdf/Photo_Release_Forms.pdf

Hope this helps.

Cheers,

Jean

AYA · « **Reply #14 on:** July 09, 2015, 08:51 »

Thank you Jean, that is great information

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Author Topic: legal forms and procedure working with second photographers (Read 5697 times)

AYA

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cobalt

sweetgirll

AYA

etudiante_rapide

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etudiante_rapide

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Sean Locke Photography

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