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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 04 Feb 2012 (Saturday) 20:03
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Question for those employing other photogs

 
Ledrak
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Feb 04, 2012 20:03 |  #1

I’m thinking of hiring a photographer to shoot for me on occasion, but here’s the thing. The agreement would be that my company would own all the rights (outright) to anything shot while working for me. I would do the post processing, as well as expect all raw files that were shot.

My concern is that I don’t want to risks having a photog displaying my pics anywhere without my consent. Obviously this won’t be a problem if I’m there and take the cards after the shoots. But I may not always be at every shoot (thus the need for additional shooters). So I guess my question is, how do those of you who employ other photographers have everything arranged? Do you trust your photographers to turn over all their files and not release anything? Have you ever had any problems with photogs going behind your back and breaking your agreements?




  
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jra
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Feb 04, 2012 20:55 |  #2

I don't employ other photographers myself (although I will sometimes hire an assistant) but this seems to be a pretty common sense question. You'll simply have to choose another photographer whom you feel you can reasonably trust, draw up a contract, have them sign it and hope for the best. If they break the contract, you can take legal action against them. No matter what business you're in, if you hire another person, you'll always face the possibility of theft and misuse.....it goes with the territory of dealing with people.




  
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FlyingPhotog
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Feb 04, 2012 20:59 |  #3

$100K/yr and I gaurentee no pixel of yours will leave the premises. ;)


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JacobPhoto
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Feb 04, 2012 23:40 |  #4

sign an exclusivity agreement, and be prepared to pay well for it


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cdifoto
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Feb 05, 2012 22:30 |  #5

FlyingPhotog wrote in post #13826946 (external link)
$100K/yr and I gaurentee no pixel of yours will leave the premises. ;)

Same here! :D

I'll even use my own equipment and drive my own car. I want medical benefits (health, dental, etc) though.


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pauld1946
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Feb 06, 2012 00:31 |  #6

Get the right person and you shouldn't have a major problem. I even have an Independent Contractor sign her rights away, and sign that she will not take referrals or clients away for a certain amount of years. You must state a reasonable time, or it probably will be thrown out.


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orena
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Feb 06, 2012 00:32 |  #7

why do you care if the person uses them for his/her profile? (i'm just curious, don't own a business or hold a personal opinion on this topic, I'm just curious)


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FlyingPhotog
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Feb 06, 2012 00:35 |  #8

pauld1946 wrote in post #13832874 (external link)
Get the right person and you shouldn't have a major problem. I even have an Independent Contractor sign her rights away, and sign that she will not take referrals or clients away for a certain amount of years. You must state a reasonable time, or it probably will be thrown out.

The addition of a "No Compete Clause" would add at least one zero to the agreement if not two...


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YamahaRob
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Feb 06, 2012 00:47 |  #9

FlyingPhotog wrote in post #13832884 (external link)
The addition of a "No Compete Clause" would add at least one zero to the agreement if not two...

Hell its not hard to toss a "no compete clause" right out the window legally anyways.


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FlyingPhotog
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Feb 06, 2012 00:51 |  #10

YamahaRob wrote in post #13832935 (external link)
Hell its not hard to toss a "no compete clause" right out the window legally anyways.

It absolutely is if there's no fair compensation involved...

However, when there's real cash involved, people tend to take them seriously. For example, my wife's former boss was terminated in a rather nasty political move by the CEO and was told that she could not have contact with any current employees for 1-calendar year.

With over $250,000 on the line, you better believe there was no phone calls or email until day 366! ;)


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pauld1946
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Feb 06, 2012 11:42 as a reply to  @ FlyingPhotog's post |  #11

No competes will stand up in many courts, but they cannot be broad and without a reasonable time limit. I always put a no compete in my contracts. You cannot stop a person from working, but you can stop them from working within a distance of your location.


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Ledrak
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Feb 06, 2012 19:33 |  #12

orena wrote in post #13832876 (external link)
why do you care if the person uses them for his/her profile? (i'm just curious, don't own a business or hold a personal opinion on this topic, I'm just curious)

Because due to the nature of the business, I don't want the pics to appear anywhere before the company "officially" releases them. Also, for obvious reasons I want people visiting our company's sites for our material, not photographer's personal sites, etc. I have nothing against people using a few pics in their profile. I just don't want everything openly available to anyone who passes by.




  
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cdifoto
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Feb 06, 2012 19:48 |  #13

Ledrak wrote in post #13837712 (external link)
Because due to the nature of the business, I don't want the pics to appear anywhere before the company "officially" releases them. Also, for obvious reasons I want people visiting our company's sites for our material, not photographer's personal sites, etc. I have nothing against people using a few pics in their profile. I just don't want everything openly available to anyone who passes by.

A couple of clauses would easily cover that without going the expensive route of buying all the rights.

The alternative, if you really insist on owning all the rights, is to hire them on as staff and provide everything. Pay a wage, provide benefits, all equipment, insurance, 401k, etc. It's not a cheap route by any means but that'd definitely do it.

If that's what you meant all along, my apologies. My experience is as a subcontractor. The only way to make sure the images don't get out is to have termination clauses that have stiff penalties for violating them. Make it absolutely clear that you WILL pursue violations - and mean it. That won't guarantee that the photos aren't leaked, but the first person you prosecute will send the message to others.


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Question for those employing other photogs
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