Luminous Landscape Forum
Equipment & Techniques => Pro Business Discussion => Topic started by: Thomas Achermann on July 15, 2014, 02:12:20 pm
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I've been asked to give photo workshops for guests of a local hotel.
Now I have some questions about copyright and usage rights of photos I will take during these workshops.
The hotel will pay for my services as instructor of these workshops - question is now, do they gain any copyright and/or usage rights in my photographs? I don't believe this counts as 'work for hire' (I'm hired as instructor not to take pictures) so I don't think they will have any rights on my photographs. I ask this because someone who did that very same job before always published photos from these workshops with © his name AND the hotels name.
Does anyone have experience with this kind of situation?
Any comments would be much appreciated.
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They are paying you as an instructor and your photo's are your photo's. But if there's any doubt, get it in writing.
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I don't know what the "default" position would be - that is, the position if nothing is said. Andrew may be right. However, the sensible course is to agree, in writing, before you start, exactly who owns the copyright to anything you take during the course. Then there's no chance of dispute.
Jeremy
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Yeah, that's how I thought it would be...and I will for sure get things in writing!
Thank you Andrew & Jeremy for your inputs!
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Although I am not a lawyer, I believe that if the contract does not specifically say "work for hire" than it isn't.
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For a contract to be work for hire, it has to specifically say it is work for hire. If your contract says you are hired to teach a workshop, that does not transfer the copyright of the images you shoot. Your photos will be your own. If it makes you feel better, get it in writing. But, that may also open a can of worms and they may specify then that it is work for hire. I frequently shoot video for a client on a work for hire contract. It is very specific that the video is work for hire. The stills I shoot are my own and are not covered by the video work for hire contract.
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I should have looked at your location before I answered. My answer covers copyright law in the United States. I don't know about Finland. I suspect it is the same, but can't be sure.
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thanks David!
I suppose copyright matters are not very different here then in the US.
It is quite common here that people do not make any contracts at all or do not even agree on specific terms, they instead just believe 'everything is going to be ok'. Yeah, until someone's idea of 'ok' is going to be different from what they had in mind.
For sure I will get our agreement in writing to avoid any unnecessary discussions.