Forums > General Industry > Photographer Has Disappeared With My Photos.. HELP

Photographer

J Haggerty

Posts: 1315

Augusta, Georgia, US

Sandra Vixen wrote:

According to various lawyers I have talked to (not me), the copyright (in California) is a joint ownership of the photographer and subject (or owner of subject if it is not a person/persons) unless a contract states otherwise.

I am not endorsing the above with 100% confidence, but to say that if you call yourself a photographer, take a picture of (say) a copyrighted subject, you do not own entire copyright of that photo.

Another related topic, if you look at youtube.com, if their scanner program or whatever detects a song in the audio of your video then they will claim that song is copyrighted by someone else (even if they get it wrong).

Lastly, a certain less than upstanding person I know hired a crooked cop to forcefully take the memory stick/drive from a camera of a photographer in Los Angeles.

These are not my opinions nor do I encourage anyone to believe/take action, but just food for thought as to who owns copyright of a photo.

In the various copyright material I've read, the photographer owns the copyright in full unless an agreement is signed allowing joint ownership between model and photographer or it is WMFH (work made for hire). In the latter, unless an alternate agreement is made and signed, a freelance photographer would still own the copyrights to those images. A photographer employed by an agency or institution would NOT own the copyright for the material shot.

ASMP has a free copyright booklet available for anyone interested. It leans heavily on the photographer's viewpoint but should offer insight to anyone: http://asmp.org/free/guide-crcf

Dec 01 14 10:49 am Link

Photographer

CaliModels

Posts: 2721

Los Angeles, California, US

Sorry this happened to you.  Speaking for myself, I like digital since proofs can be made relatively quickly, so the model has something as editing is being done.  Better luck in the future.

Dec 01 14 11:57 am Link

Photographer

Jay Farrell

Posts: 13408

Nashville, Tennessee, US

CaliModels wrote:
Sorry this happened to you.  Speaking for myself, I like digital since proofs can be made relatively quickly, so the model has something as editing is being done.  Better luck in the future.

That idea is problematic and not many photographers would agree to that.

Dec 01 14 04:29 pm Link

Photographer

David Tiberio

Posts: 76

Cebu, Central Visayas, Philippines

The photographer does *NOT* automatically own the copyright.

The copyright is owned by the person who 'produces' the shoot.

For example, if a photographer is an employee of a newspaper, the newspaper owns all the photographs, even without a specific agreement, because the employer pays the photographer to do his work.

In this example, if the work was done at your direction, meaning you were instructing the photographer how to take the photos based on your ideas and how you wanted the end product to be, as if you were hiring him even though you did not pay him, then YOU own the copyright, not the photographer.

If the photographer was the one who was making the decisions, acting as a producer, with the intention that he would pay you for providing a service to him, even if he doesn't pay you, then he is the copyright owner.

In your case, you are the legal copyright owner, because it was a work for hire, and he was working for you, not the other way around, even though you did not pay him. According the US copyright law, he was never the copyright owner, because the copyright transfers immediately upon creation.

Jan 13 15 09:44 pm Link

Photographer

David Tiberio

Posts: 76

Cebu, Central Visayas, Philippines

You approached him for the shoot, so definitely you are the copyright owner. You should file a claim in small claims court for the maximum amount permitted in your state.

Jan 13 15 09:46 pm Link