Forums > Photography Talk > Would you sign a "Work for Hire"

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

I had a client hit me with one of these after the shoot.
She was talking about hiring me exclusively.
Which I said I would make more money freelancing but I am willing to work something out.
After the shoot there was this 3 page paper and Huge bold letters on top "Work for Hire" I didn't read it I just said I won't sign that, that goes against all of us Artiest. I feel like I be betraying my fellow photographers. She says she signs them for the company. I tolled her she shouldn't do it. I was to tire to explain to her why and kinda forgot now its been a while to remember the reasoning I just know Work for Hire is the anti-christ!
I did tell her I will send her an exclusive image usage contract that gives them exclusive rights.
I asked her why the fuss since she had me use her camera and she has all the images anyhow. First for me but I was just doing it for a quick buck. I was never going to use the images anyhow so that didn't matter to me. But she asked me how does she know I would pull them off the web and use them. One if I did I would have a right to do but I tolled her I wasn't. At that point inside I was getting a little mad as I thinking she calling me a lier because she said how do I know that. Sorry to me its an honor thing I hold my word! But I let it go and said for the thousands of other jobs that you know about have I ever had an issues with them. She got quite and she said its happened with other photographers. Well Im not other photographers and tolled her I send her my own contract now. I already got paid even though she said they she won't pay me if I don't sign it and won't hire me again. Thats fine I believe somethings are more important then $$

Also anyone now where I can get a usage of photos contract. Most of the clients I deal with you know and trust me so I don't have these. They are lost in my oldest computers that are dust a long time ago!

Would you have signed it? Good money steady gig hot girls
You could never use the images even to promote yourself. They will never be yours ever!

Apr 21 14 09:24 am Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

What are the images worth?

If they are just hot girls with no other value (as you were going to give them exclusive rights anyway) then why not sign it, take the money, and go party?





Andrew Thomas Evans
www.andrewthomasevans.com

Apr 21 14 09:33 am Link

Photographer

BareLight

Posts: 512

Kansas City, Kansas, US

The devil is in the details.  If the details are agreeable then, sure, I'd sign it.

Apr 21 14 09:37 am Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

I'll sign just about any contract I can honor, assuming the price is right.

The fuss is because if you're a Work for Hire employee, then she owns the copyright to your images.  Otherwise, she does not - exclusive license or no.  And I'm not positive, but I don't believe that she has to credit you in a work-for-hire arrangement. 

Which means that YOU would need HER permission to ever use those images for anything other than a printed portfolio, an application, or anything else with a private audience.  She could come after you for posting those images online, since it's a public place, and they're not technically your images anymore.  Without credit you might not even be able to say that you took those photos on your resume, because all records indicate that you didn't.

Suffice to say, that's not something you spring up on somebody.

In that situation, I would never sign a work for hire agreement.  The two of you worked out a pay rate based on the assumption that you were retaining copyright, and suddenly she wants to keep the same rate, but get the copyright too.  That dog don't hunt, lady.  If you want me to shoot for you and hand over my copyright, then the fee is going to be much higher, and I need a written agreement that the images are still licensed to me for full non-commercial use.  Or, I need a LOT of money, because I'm essentially working my butt off for pictures I don't get to keep.

I shoot work-for-hire weddings now and then, as someone's second shooter.  I actually prefer it, since it means that I still get a decent paycheck, and I'm not directly responsible for anything.  But we're not talking about weddings here.

I'd tell her that you're happy to sign anything she wants - next assignment.  This one was negotiated under the pretense that you were keeping your rights, and that's why you gave her the number that you gave her.  If you had known beforehand that you weren't keeping your copyright, you would have quoted her a different number.

No reason to slam a door closed, but you don't want to just roll over either.

Apr 21 14 09:50 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Andrew Thomas Evans wrote:
What are the images worth?

If they are just hot girls with no other value (as you were going to give them exclusive rights anyway) then why not sign it, take the money, and go party?





Andrew Thomas Evans
www.andrewthomasevans.com

Because for me its not always about the money but the right thing to do. If I do this then companies will assume its ok to always do work for hire and it will screw us over as artiest. She even threw in that her other photographers have signed them. But she was telling me earlier they were lazy too. So that kind of mind set might go hand in hand.
The images are only worth to me to put them in a portfolio I would not resell them. Even thought thats the point of having rights to your images as they are your only Social Security Check for old age. You are not hired as an employee but as a contractor.
We as photographers already destroyed our pay scale as is working below our worth and shooting for magazines for free Ive heard or even I heard some photographers paying to be in them. I think theres a point we should stand up for one another.

Apr 21 14 10:02 am Link

Photographer

Loki Studio

Posts: 3523

Royal Oak, Michigan, US

If you want to get paid like a professional, you have to act and use a contract like a professional.  Your situation should have never happened.  Even a basic email to confirm terms would have avoided this whole mess.  Contract terms are specific to the state of business.  You need to hire a local lawyer to give you a real contract.

Apr 21 14 10:04 am Link

Photographer

Light and Lens Studio

Posts: 3450

Sisters, Oregon, US

Zack Zoll wrote:
I'll sign just about any contract I can honor, assuming the price is right.

The fuss is because if you're a Work for Hire employee, then she owns the copyright to your images.  Otherwise, she does not - exclusive license or no.  And I'm not positive, but I don't believe that she has to credit you in a work-for-hire arrangement. 

Which means that YOU would need HER permission to ever use those images for anything other than a printed portfolio, an application, or anything else with a private audience.  She could come after you for posting those images online, since it's a public place, and they're not technically your images anymore.  Without credit you might not even be able to say that you took those photos on your resume, because all records indicate that you didn't.

Suffice to say, that's not something you spring up on somebody.

In that situation, I would never sign a work for hire agreement.  The two of you worked out a pay rate based on the assumption that you were retaining copyright, and suddenly she wants to keep the same rate, but get the copyright too.  That dog don't hunt, lady.  If you want me to shoot for you and hand over my copyright, then the fee is going to be much higher, and I need a written agreement that the images are still licensed to me for full non-commercial use.  Or, I need a LOT of money, because I'm essentially working my butt off for pictures I don't get to keep.

I shoot work-for-hire weddings now and then, as someone's second shooter.  I actually prefer it, since it means that I still get a decent paycheck, and I'm not directly responsible for anything.  But we're not talking about weddings here.

I'd tell her that you're happy to sign anything she wants - next assignment.  This one was negotiated under the pretense that you were keeping your rights, and that's why you gave her the number that you gave her.  If you had known beforehand that you weren't keeping your copyright, you would have quoted her a different number.

No reason to slam a door closed, but you don't want to just roll over either.

Well thought out and well said.

Apr 21 14 10:07 am Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

It's no wonder people aren't hiring photographers any more like they used to. You folks seem to always make shit more complicated than it needs to be.

Apr 21 14 10:11 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Loki Studio wrote:
If you want to get paid like a professional, you have to act and use a contract like a professional.  Your situation should have never happened.  Even a basic email to confirm terms would have avoided this whole mess.  Contract terms are specific to the state of business.  You need to hire a local lawyer to give you a real contract.

The word Professional only means you make a living doing what your doing.
I make a living so anyway I do it makes me a Professional even if I do it all wrong.
That being said you are right about going the Contract way but in this industry there is no such thing as its just done. You get a call and if you have time you go do the job and get paid and walk. Shot thousands of these and done. But this is going off topic and not wanting to go there.
What Im asking is would you have signed a "Work for Hire" How many of us are throwing away our rights? Is holding on to what is right a dead horse! Because someplace along the line I would have never gotten asked to do this. There wouldn't be others that have. Seems like people are giving up our rights left and right. From government to corporations. Kind of makes me sad.
I could easily sign it as it will not make a difference as I would have not used the images but then it would of said that it was ok to have us and we should sign our rights away!

Apr 21 14 10:11 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

John Jebbia wrote:
It's no wonder people aren't hiring photographers any more like they used to. You folks seem to always make shit more complicated than it needs to be.

I get hired all the time?
I turn down jobs for being over booked or hire another photographer in my stead!
Companies make it harder for us! They have Lawyers that don't care for your rights!
P.S. it is complicated its a business. I do more work doing legal and paper, research etc.. then shooting…Thats why I get hired because Im not afraid of work. Sometimes I need help so I ask, things are in constant motion and change. So I look to my fellow photographers to see how they think.

Apr 21 14 10:12 am Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

Yani S wrote:
Because for me its not always about the money but the right thing to do. If I do this then companies will assume its ok to always do work for hire and it will screw us over as artiest. She even threw in that her other photographers have signed them. But she was telling me earlier they were lazy too. So that kind of mind set might go hand in hand.
The images are only worth to me to put them in a portfolio I would not resell them. Even thought thats the point of having rights to your images as they are your only Social Security Check for old age. You are not hired as an employee but as a contractor.
We as photographers already destroyed our pay scale as is working below our worth and shooting for magazines for free Ive heard or even I heard some photographers paying to be in them. I think theres a point we should stand up for one another.

I'm not saying at all to do the job as a discount, just that, if the money is right, do the job and then go party.

Plus, even if the money is iffy, she will find someone else and you will be replaced. Its a buyers market these days and we can't dictate the terms as much as we could before.




Andrew Thomas Evans
www.andrewthomasevans.com

Apr 21 14 10:14 am Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Yani S wrote:
I get hired all the time?
I turn down jobs for being over booked or hire another photographer in my stead!
Companies make it harder for us! They have Lawyers that don't care for your rights!

I think I look at things a little different than most.

1. If I can make enough to make doing something I enjoy, I'd probably agree to most reasonable terms. Work for hire is reasonable to me.

2. It's not my job to "protect the integrity of the industry".

Apr 21 14 10:18 am Link

Photographer

Wolfy4u

Posts: 1103

Grand Junction, Colorado, US

'Work for hire' can be a good idea, or a terrible idea. It depends on how much you get paid or how much you need money.
Springing it on you at the end of a session is totally unprofessional. Typically, work for hire is used when you're on a yearly contract. It means you'll be paid whether or not you work is used. In this case, there's no up-side for you agreeing to work for hire unless you're offered big money.
Have you given them the photos (bad decision). I would first ask for the agreed on fee, then negotiate the work for hire. No agreement, no photos. If they stop payment, then you could sue.

You did sign the contract first?????

Apr 21 14 10:19 am Link

Photographer

Marin Photo NYC

Posts: 7348

New York, New York, US

I have to agree with Andrew, it's a buyers market, if not you, someone else will.

You could always leave your business card with those models and shoot them on your time.

Take the money!

Apr 21 14 10:21 am Link

Photographer

Solas

Posts: 10390

Toronto, Ontario, Canada

I have to wonder how you get paid at all overcomplicating stuff so much O.o

Spill, let's hear some of what you're doing

Apr 21 14 10:22 am Link

Photographer

Bob Helm Photography

Posts: 18909

Cherry Hill, New Jersey, US

I think that the whole "work for hire" thing is really misunderstood and CA in particular has specific rules on it as you are agreeing to be an "employee" rather than a contractor and that has legal and tax consequences.

Now you can of course agree to almost anything but it important to know what you are agreeing to before you do so.
http://www.aphotoeditor.com/2013/06/19/ … greements/

Requirements for work for hire:
Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made
for hire” in two parts:
a a work prepared by an employee within the scope of his or her employment
or
b a work specially ordered or commissioned for use
1 as a contribution to a collective work,
2 as a part of a motion picture or other audiovisual work,
3 as a translation,
4 as a supplementary work,
5 as a compilation,
6 as an instructional text,
7 as a test,
8 as answer material for a test, or
9 as an atlas,
if the parties expressly agree in a written instrument signed by them that the
work shall be considered a work made for hire.
http://www.copyright.gov/circs/circ09.pdf

Apr 21 14 10:23 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Andrew Thomas Evans wrote:

I'm not saying at all to do the job as a discount, just that, if the money is right, do the job and then go party.

Plus, even if the money is iffy, she will find someone else and you will be replaced. Its a buyers market these days and we can't dictate the terms as much as we could before.




Andrew Thomas Evans
www.andrewthomasevans.com

I already now if I don't she will not hire me again. Even though I blew the other photographers away and I was the first one they offered to make exclusive. But thats not the point. If I do it will screw up our system as photographers.
So for you, its ok to give up your rights for a paycheck?

Apr 21 14 10:24 am Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Yani S wrote:
So for you, its ok to give up your rights for a paycheck?

For me it is.. Cash is King.

Apr 21 14 10:25 am Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Yani S wrote:
If I do it will screw up our system as photographers.

Sounds an awful lot like collusion to me..

Apr 21 14 10:26 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Wolfy4u wrote:
'Work for hire' can be a good idea, or a terrible idea. It depends on how much you get paid or how much you need money.
Springing it on you at the end of a session is totally unprofessional. Typically, work for hire is used when you're on a yearly contract. It means you'll be paid whether or not you work is used. In this case, there's no up-side for you agreeing to work for hire unless you're offered big money.
Have you given them the photos (bad decision). I would first ask for the agreed on fee, then negotiate the work for hire. No agreement, no photos. If they stop payment, then you could sue.

You did sign the contract first?????

No contract, this was never the issue for thousands of jobs like this.
Yes she sprung this at the end of the shoot and since its never come up. it got me by surprise!
If I did it again with her I would ask for a hire price for exclusive ownership. But the company won't pay. Ive gotten the highest amount already from the budget.
Would you have signed it?

Apr 21 14 10:28 am Link

Photographer

Solas

Posts: 10390

Toronto, Ontario, Canada

Yani S wrote:
thats not the point. If I do it will screw up our system as photographers.
So for you, its ok to give up your rights for a paycheck?

we don't have a system, we're a band of pirates and hustlers. most of us have dayjobs so we can hustle harder, but at the core we're pretty much just really creative salespeople you'll ever encounter, all pro artists are.

truthfully we're so salesy we sell each other on our creative intents daily, in creative ways, we cannabalize on our brethren and target other creatives to sell to, teaching the art of our weird pirate ways. workshops, shootouts, groupshoots, "tuition" to fellow photographers to go one on one with us and teach them how we tint everything blue to call it fashion, or bump the gamma and highlights a bit and call it glamour.

so put on your pirate hat and join us me hearty. arrrr.

Apr 21 14 10:28 am Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

Yani S wrote:
So for you, its ok to give up your rights for a paycheck?

It depends on the job and on the client. If its some simple images that really don't have much value in the future then no, I have no problem at all "giving away" rights as there really isn't much to give.

If its for a larger client who wants to get by cheap with rights then no I've made that mistake once and won't do it again.



Andrew Thomas Evans
www.andrewthomasevans.com

Apr 21 14 10:29 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Marin Photography NYC wrote:
I have to agree with Andrew, it's a buyers market, if not you, someone else will.

You could always leave your business card with those models and shoot them on your time.

Take the money!

Every business is a buyers market. Thats why you have to make it so they can't live without you. You have to become that buyers market. Thats my thinking and is working. Now this is about our rights and thats a whole other story. They can hire someone else which they had in the past. They were not happy. But if they hired someone else I would be ok with it as I know its about our rights. I don't know I keep think about how we let our rights keep being deleted in America. It has to stop at some point or we will not be Americans any more!

Apr 21 14 10:32 am Link

Photographer

Michael McGowan

Posts: 3829

Tucson, Arizona, US

Yep, you give up rights to the work for a paycheck. Happens all the time.

Work for hire is a specific arrangement for a specific project. It could be for the length of employment. It's what happens with staff photographers for publications.

Also, what is the worth of the images on the open market? Would somebody else pay you for the commissioned images? Would the original client approve of that? Would the original client even have hired you knowing that you might use the photos someplace else?

A work for hire arrangement can be wonderful. You shoot. You walk away with cash. And not a worry in the world about what happens with those images.

Apr 21 14 10:35 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Karl JW Johnston wrote:

we don't have a system, we're a band of pirates and hustlers. most of us have dayjobs so we can hustle harder, but at the core we're pretty much just really creative salespeople you'll ever encounter, all pro artists are.

truthfully we're so salesy we sell each other on our creative intents daily, in creative ways, we cannabalize on our brethren and target other creatives to sell to, teaching the art of our weird pirate ways. workshops, shootouts, groupshoots, "tuition" to fellow photographers to go one on one with us and teach them how we tint everything blue to call it fashion, or bump the gamma and highlights a bit and call it glamour.

so put on your pirate hat and join us me hearty. arrrr.

LOL!!! Ya I don't mind the competition I love it!
Well pirates have destroyed the lives of many families I know of. For just doing Pirating things on the internet. Seen a lot of warehouse hardworking people lose there jobs. Have to move to places they hate with their families. Most people don't see it since they only see whats on the computer screens. But there are real people behind everything...

Apr 21 14 10:36 am Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

Yani S wrote:
Every business is a buyers market. Thats why you have to make it so they can't live without you. You have to become that buyers market. Thats my thinking and is working. Now this is about our rights and thats a whole other story. They can hire someone else which they had in the past. They were not happy. But if they hired someone else I would be ok with it as I know its about our rights. I don't know I keep think about how we let our rights keep being deleted in America. It has to stop at some point or we will not be Americans any more!

That's cute, and in a way you are helping photographers as others are getting the work you passed up.


smile



Andrew Thomas Evans
www.andrewthomasevans.com

Apr 21 14 10:37 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Andrew Thomas Evans wrote:

It depends on the job and on the client. If its some simple images that really don't have much value in the future then no, I have no problem at all "giving away" rights as there really isn't much to give.

If its for a larger client who wants to get by cheap with rights then no I've made that mistake once and won't do it again.



Andrew Thomas Evans
www.andrewthomasevans.com

They paid me good
To me its not about the payment I guess
But ya I see your point

Apr 21 14 10:37 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Andrew Thomas Evans wrote:

That's cute, and in a way you are helping photographers as others are getting the work you passed up.


smile



Andrew Thomas Evans
www.andrewthomasevans.com

Yes I don't mind giving others jobs. Ive been taken care of the same from other photographers when I first started. The core of us have each others backs! We trust each other and I would never cross them. Been offered to replace that photographer who had me covered and said only if he can't do the job. You have to go threw him first as he is my agent now for this job. Keep it honest and you will have more jobs! Its worked for me!

Apr 21 14 10:40 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Michael McGowan wrote:
Yep, you give up rights to the work for a paycheck. Happens all the time.

Work for hire is a specific arrangement for a specific project. It could be for the length of employment. It's what happens with staff photographers for publications.

Also, what is the worth of the images on the open market? Would somebody else pay you for the commissioned images? Would the original client approve of that? Would the original client even have hired you knowing that you might use the photos someplace else?

A work for hire arrangement can be wonderful. You shoot. You walk away with cash. And not a worry in the world about what happens with those images.

True! So you don't think it hurts other photographers then?
I would not resell those images. I did not even take them with me! They have the SD card with all of them. With I agreed with already and fine with that. Its the part of signing away photographers rights that was wrong to me

Apr 21 14 10:43 am Link

Photographer

Mark Salo

Posts: 11732

Olney, Maryland, US

Yani S wrote:
...she had me use her camera...

Why would you do that?
How could you feel comfortable using an unfamiliar camera?

Apr 21 14 10:58 am Link

Photographer

Yani S

Posts: 1101

Los Angeles, California, US

Mark Salo wrote:

Why would you do that?
How could you feel comfortable using an unfamiliar camera?

Ya it was interesting
I normally use Nikon but she had a canon 5Dii
I had to learn it as I was shooting. Pictures came out great as its really was about my lighting and angles etc…
I guess I just don't mind using tools as tools. But if I knew she was going to get all corporate on me I would have said no.
I think she didn't want to say I shoot it and have no proof whats so ever. This just hit  me and I might be thinking to far into it. But makes sense

Apr 21 14 11:04 am Link

Photographer

Mark Salo

Posts: 11732

Olney, Maryland, US

Yani S wrote:
I think she didn't want to say I shoot it and have no proof whats so ever. This just hit  me and I might be thinking to far into it. But makes sense

Whose name was in the EXIF data?

Apr 21 14 11:06 am Link

Photographer

Solas

Posts: 10390

Toronto, Ontario, Canada

Yani S wrote:
Yes I don't mind giving others jobs.

Well I know who I'm coming to see when I visit LA... big_smilebig_smilebig_smile

Apr 21 14 11:11 am Link

Photographer

Mikey McMichaels

Posts: 3356

New York, New York, US

Yani S wrote:
I had a client hit me with one of these after the shoot.
She was talking about hiring me exclusively.
Which I said I would make more money freelancing but I am willing to work something out.
After the shoot there was this 3 page paper and Huge bold letters on top "Work for Hire" I didn't read it I just said I won't sign that, that goes against all of us Artiest. I feel like I be betraying my fellow photographers. She says she signs them for the company. I tolled her she shouldn't do it. I was to tire to explain to her why and kinda forgot now its been a while to remember the reasoning I just know Work for Hire is the anti-christ!
I did tell her I will send her an exclusive image usage contract that gives them exclusive rights.
I asked her why the fuss since she had me use her camera and she has all the images anyhow. First for me but I was just doing it for a quick buck. I was never going to use the images anyhow so that didn't matter to me. But she asked me how does she know I would pull them off the web and use them. One if I did I would have a right to do but I tolled her I wasn't. At that point inside I was getting a little mad as I thinking she calling me a lier because she said how do I know that. Sorry to me its an honor thing I hold my word! But I let it go and said for the thousands of other jobs that you know about have I ever had an issues with them. She got quite and she said its happened with other photographers. Well Im not other photographers and tolled her I send her my own contract now. I already got paid even though she said they she won't pay me if I don't sign it and won't hire me again. Thats fine I believe somethings are more important then $$

Also anyone now where I can get a usage of photos contract. Most of the clients I deal with you know and trust me so I don't have these. They are lost in my oldest computers that are dust a long time ago!

Would you have signed it? Good money steady gig hot girls
You could never use the images even to promote yourself. They will never be yours ever!

What do you believe is the difference between and exclusive usage agreement and a work for hire agreement?


There are lots of jobs done as buyouts, so it's self-sabatoging to rule them out by default. The deal being offered is either good or bad.


One thing you have to realize about work for hire agreements from big companies is they can come from the company getting screwed. They have a lawyer advise them on how to avoid the same problem happening again, so they make an iron clad internal policy that everything is a work for hire. It's not as much that they want the rights it gives them as they want to get the photos made, use them as planned and not ever have a need to waste any time on cooyrigt issues and licensing. They're asking for it because it simplifies things for them.

That doesn't make it right, but when it trickles down to the employee who's responsible for the administrative part who's told they must get this signed, resistance is the kind of headache that will stop you from getting hired.


You should ask yourself what percentage of your income comes from relicensing photos from a paid shoot and how much you've lost from having an opportunity to license photos you already shot as a paid job, but couldn't because you'd done a work for hire agreement.

Now compare that amount of money the your rate for a single photo job - which is higher?

Now add up the money you make from repeat business or referrals from clients. Or look at the percentage of jobs that lead to a second or a referral.

In 2014 at least 99% of photographers will make more money accepting work for hire jobs than turning them down.

Apr 21 14 11:15 am Link

Photographer

Solas

Posts: 10390

Toronto, Ontario, Canada

Yani S wrote:
if I don't she will not hire me again.  Even though I blew the other photographers away ...

I'm gonna throw a curveball at you and take this seriously for a second...think about what you just said right there. Are they hiring you for your photos...or are they hiring you for your ability to give them what they want in a way they want it? There's a difference. Where is the money really coming from and why?

Apr 21 14 11:26 am Link

Retoucher

Ledo retouch

Posts: 1184

Lodi, California, US

Yani S wrote:
Would you have signed it? Good money steady gig hot girls
You could never use the images even to promote yourself. They will never be yours ever!

I have signed them before, and would again. Many were youth sports events,
two were graduation ceremonies, signing was just a formality, I had no desire
to get into a pissing match.

Apr 21 14 11:30 am Link

Photographer

Loki Studio

Posts: 3523

Royal Oak, Michigan, US

Yani S wrote:
The word Professional only means you make a living doing what your doing.
I make a living so anyway I do it makes me a Professional even if I do it all wrong.
That being said you are right about going the Contract way but in this industry there is no such thing as its just done. You get a call and if you have time you go do the job and get paid and walk. Shot thousands of these and done. But this is going off topic and not wanting to go there.
What Im asking is would you have signed a "Work for Hire" How many of us are throwing away our rights? Is holding on to what is right a dead horse! Because someplace along the line I would have never gotten asked to do this. There wouldn't be others that have. Seems like people are giving up our rights left and right. From government to corporations. Kind of makes me sad.
I could easily sign it as it will not make a difference as I would have not used the images but then it would of said that it was ok to have us and we should sign our rights away!

When you accept work without specific terms then you accept the problems that come with it.  Nothing is ever so rushed that you cannot send the client an email to confirm terms.  Don't complain here when the job should be carefully defined but you choose otherwise. 

I have signed WFH and other terms from the Client when it was negotiated up front.  On being asked to sign a WFH agreement after the job is completed, you should be able to say that no-WFH was not the terms of your gig as agreed here.  What are you going to say when there are no terms?

Apr 21 14 11:32 am Link

Photographer

KungPaoChic

Posts: 4221

West Palm Beach, Florida, US

I have signed work for hire contracts before -- just make sure pay is commensurate.

After shoot? Something like that should have been addressed up front.

Apr 21 14 11:47 am Link

Photographer

Instinct Images

Posts: 23162

San Diego, California, US

Let me see if I can sum up the OP: "I was told by someone that Work for Hire is evil but I can't remember why but I would never sign a Work for Hire contract because I'm an artist!".

Did I miss anything?

Work for Hire isn't art or at least it's not the photographer's art. It's shooting what you're told to shoot the way the person hiring you wants it shot. Pretty simple really.

My only deciding factor would be whether the money I was being paid made it worth my time and effort.

Apr 21 14 12:12 pm Link

Photographer

A-M-P

Posts: 18465

Orlando, Florida, US

For the right amount of money I would sign it. Specially if the images I produce for said  shoot are pretty much of no use to me afterwards.

Apr 21 14 12:16 pm Link