Want to break into "pro" market - need advice on gear change from NEX-7 and marketing

Started Nov 4, 2012 | Discussions thread
dkloi Senior Member • Posts: 1,922
Re: Copyright

dkloi wrote:

arie wrote:

So, to be clear about this, the reason the photographer keeps the rights to the photos is so they can sell the photos to the client over and over again? Personally, I would never hire a photographer where that was the rule, but that's me. My wife commented that if I didn't hold the duplication rights, then I would be unable to legally sell prints or high-res photos of a photo shoot to the client's friends (for example). I'm not sure where the law comes down about this.

There are two issues here. Copyright law, and what you choose to do with your copyright. Disclaimer: I'm not a lawyer so take anything I say with caution. If you're not shooting "work for hire" or an employee who's job description includes taking photos, then you automatically hold the copyright to the photos you take (I'm sure there are some exceptions which could be brought up but this is the conventional case). A client pays you to take photos, and unless there are clear indications that copyright is to be transferred to them (e.g. in the terms of the agreement), you still hold the copyright. In the agreement with the client, it should spell out what both parties expect from each other. It is entirely up to you and the client to work that out, this could include a transfer of copyright but often does not.


This post on petapixel is appropriate in this context. Canadian photographers now automatically own the copyright in the first instance, not the commissioner.

"Previously, photographers were not automatically the first owners of their photographs when shooting commissioned work, but instead it was the individuals or businesses that commissioned the images who owned the copyrights. Section 13(2) of the Canadian Copyright Act specifically singled out photography as being different than other creative works."

"Photographers who wanted to own the full copyrights of their work were required to have the transfer explicitly agreed upon in a written and signed contract."

So the lesson is to read up on your local laws regarding copyright, tax, business, liability, contract law etc.


 dkloi's gear list:dkloi's gear list
Konica Minolta Maxxum 7D Sony Alpha NEX-7 Sony SLT-A77 Sony a5100 Sony DT 16-105mm F3.5-5.6 +23 more
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