I need your thoughts please...involves copyright issues

[sugar_babygirli]

Well, here's the deal. I've been asked to shoot photos for a stationary/card line a friend has. They are paying me for my time, but I think the copyright pretty much will go to them (not positive yet, though, but I get that sense).

I don't mind if they have the copyright (meaning I can't sell it or do anything with it) because it's photos of other people and I don't care to use them for anything anyway. So my question is, if the company has the copyright, is there any chance I could at least ask to keep the photos to showcase them in my portfolio online of things that I have taken, and have been published? Or does it not work this way?....or do they even have right to have the copyright from it? Argh it's all so new and confusing to me...HELP! lol :o:o

I hope this makes sense, if not, I'll explain more. Thanks for your help. :confused:

[Longwatcher]

See copyright lawyer for accurate information....

It is my understanding that unless you specifically transfer the image's copyrights; if you compose and you press the button on your camera, you own the copyright. As each of the "you/your"s go away then it gets fuzzier. If they own the camera it gets really fuzzy since they are hireing you to just take the pictures.

However, ignoring that for a moment, put in writing what the pictures are for, who retains copyright and that you specifically have the right to publish the pictures in a portfolio and/or use then in a compilation of your work now or in the future. Then both you and them sign it and I think you will be covered fairly well.

See line at top,

[tonytony]

I am not a lawyer by any means... however, I know that you shouldn't sell yourself short.

Never give away copyrights. The copyright belongs to the author of the picture since he/she shoots it. You may give them licence of use with or without exclusivity for a certain stated period (for example 3 years).

Again, don't sell yourself short, if they want exclusivity they must pay you adeguately. In the contract state that you can use the image in any non competitive market and for personal promotion.

Just my 2 cents...

[MCB]

Yeah, I agree. You don't want to rely on what copyright law may or may not give you in your particular circumstances. You should get a contract that spells out in detail exactly what rights you retain (using the pictures online, in your portfolio, etc) and what rights they have (they can use your pictures for post cards only, or post cards and calendars, or... whatever).

With a contract that clearly spells otu what you get and what they get, there's no confusion on either side. And if your work is good enough that it sells well, you'll probably want to have developed a relationship with a lawyer anyway. So you might as well start now and ease into it. :)

good luck!

[chtgrubbs]

My inclination is not to relinquish any copyright but if you want to do so you should stipulate in you agreement that you wish to use the images for portfolio purposes.