In this months Amateur Stage the editorial is devoted to the subject of Photo copyright. Apparently a group submitted an article, and just prior to publication the photographer contacted the magazine demanding payment for use of his photos or legal action would ensue

So the question is - do you have the copyright on any photos you use on your sites?

If you employ a photographer does your payment inculde the right to use the photos as you wish? Do you also get the negatives? Do you credit the photographer?

Lots of potential stumbling blocks - how to you get around it?

my understanding is that the rights are owned by the photographer, unless such rights are bought by someone else. the owner can grant permission for them to be used, but such right to use them can never be assumed.

Hopefully Keith and George can offer guidance on this.

I don't know the legal stuff...

But I think in most cases copyright stays with the Photographer...
Unless you contract him to do the photos and give you the negs...

I do my photographs for free, so copyright always stays with me...
I only ask that if they are used for anything other than private viewing,
then I always get credit for them and as I don't profit from them
I ask that no one else does.

Caught one group out already where the director was "selling" the photographs to the rest of the cast.

They were told and he returned the money...
I got a VERY wide net cast... *wink*



Perhaps one of the legal people could tell us where we stand..

We have an in-house photographer (who is a member) who does all 20-odd shows per year. He charges materials and expenses basically and that's all but is happy for us to use his photos provided he gets credited which we make sure always happens (as well as linking to his own photography site from our theatre website).

I always ask permission.

Hi - copyright in photographs exists by default in the photographer. If you want to reproduce a photo, either in hard copy or on a website, you will need permission from the photographer. Many will give permission freely (or with at least a credit).

The only exception to this rule is where a photograph is taken by an employee, in the course of his or her employment. In that case, the copyright is owned by the employer. Therefore if a photo was taken by a press photographer, the newspaper may automatically own the copyright, and the photographer may not have sufficient authority to grant the right to copy without referring the matter to his or her manager.

Keith

So there you have it....

Well...

Just remember that the next time you get a professional photographer into do the show.

*wink*

I'M CHEAPER!!!!!! And always give permission (with credit) *ducks and runs from the moderators..*

George knows full well that he shouldn't post adverts in the forum, however, as he provides a free service to groups I have decided to leave this message

I must however reiterate that we do not allow advertising in the forms.

Jane

If I wasn't so old, and you weren't so young Jane I'd ask ya ta' marry me.... *wink*

I've just thought of a question realting to the above, when a group "employes" a photographer to do their show, I take it the copyright them belongs to the group...

But how would "employ" be taken? Just payment? Or some sort of contract?

Perhaps groups using professional photographers should get some sort of signature first???

Keith.. Would that be legally binding?

That's a really interesting point and one I'd love to know the answer to.

Would a written "contract" stating that on payment of fee for service the group retains all copyright be the way to go?

To the best of my knowledge, if a group contracts a freelance photographer to cover a show, the copyright for the photos continues to reside with the photographer. The answer is to make the assignment of copyright for any and all photos to the group part of the initial contract. If the photographer refuses to accept this clause as part of the agreement, find one who will!

If you use a freelance photographer, the group is unlikely to be his or her employer - rather you enter into an agreement for the photographer to provide services.

That type of contract can be in writing or oral - I always try and get something in writing to avoid any confusions.

As well as payment terms, the contract can also contain:

1 A licence to use the photos or
2 A transfer of ownership of the copyright of the photos.

The second is only effective if in writing.

I have always understood that if you pay a photographer to take a picture you automatically own the copyright, you dont need a written contract to prove your ownership, although I suppose you do need proof of the payment of the fee.

But then I gave up being a professional photographer 40 years ago, opting for a career in TV instead!

Regards Geoff

Like Keith suggests, it's best to get everything in writing anyway...

I'm going to be featured in a Digital Camera Magazine soon
and will be using some of my photographs.

However I've asked all the groups involved for permission
even though I hold copyright.

It's only being polite...