Second Photographer's Posting Images

I was wondering if anyone who uses second photographers let them post images to their own photography business page and if so, after how long of time has passed since the event do you let them do it? i.e. Is it ok for 6 months after the event, the second photographer can post images to used in his portfolio on his photography business website?

Both as a second shooter, and using a second shooter...images were permitted to be posted whenever.

I'd dare say this probably isn't the norm - as I, or the people I shoot with are not high-end photographers...so things are a little simpler on our end.

My contract with second shooters says no internet use allowed without. Print portfolio and similar is allowed.

Without what?

tim wrote in post #17902150
My contract with second shooters says no internet use allowed without. Print portfolio and similar is allowed.

I would let them post the images, assuming my client was alright with it. Some clients don't want their photos shared to the general public.

This is what my current copyright/usage rights part says on my contract:

The Contractor’s assignment is work for hire. Contractor and Photographer have a split 50/50 ownership on copyrights of images. Contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer’s express written permission. XXXX Photography grants Contractor permission to use the images taken during the contracted event for Contractor’s professional use in the following manner: Print portfolio and website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) months from date of event. Web use shall include an accompanying “Photographed with XXXX Photography” credit line somewhere on page as well as link to XXXX website.

jcook0415 wrote in post #17902316
This is what my current copyright/usage rights part says on my contract:

The Contractor’s assignment is work for hire. Contractor and Photographer have a split 50/50 ownership on copyrights of images. Contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer’s express written permission. XXXX Photography grants Contractor permission to use the images taken during the contracted event for Contractor’s professional use in the following manner: Print portfolio and website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) months from date of event. Web use shall include an accompanying “Photographed with XXXX Photography” credit line somewhere on page as well as link to XXXX website.

As someone that has looked at second shooting just for some added income when I don't have my own bookings, I would not agree to shoot for you. 6 months in my opinion is to long. 30 days yes 60 days is pushing it for me. Also if I am posting images I shot as a second for someone else I will not be crediting them for the photos. The bit about not selling without your permission I understand and have no problem with that.

Just to give a little bit of background info on this as well. I, as the second photographer, came up this contract to sign with the photography company and this is a compromise because they are under the notion that I should not post anything on my personal business site.

Not sure about there but here you can't share the copyright.

jcook0415 wrote in post #17902459
Just to give a little bit of background info on this as well. I, as the second photographer, came up this contract to sign with the photography company and this is a compromise because they are under the notion that I should not post anything on my personal business site.

Are you being paid to second shoot? If so and they do not want you posting photos make sure your paid enough to be ok with that. Then just second for them and don't use the photos. If they will not pay you enough for you to be ok with that then move on.

jcook0415 wrote in post #17902316
The Contractor’s assignment is work for hire. Contractor and Photographer have a split 50/50 ownership on copyrights of images.

I'm going to guess you came up with this yourself, rather than using an experienced IP lawyer.

I realise you are probably doing that to be reasonable and fair but joint ownership of IP is a bad thing. Copyright law is exclusive, not inclusive. All use is excluded without the permission of the copyright owner. If there is more than one owner, permission is needed from all of them.... even if you happen to be one of them. Joint ownership doesn't mean that both of you can use the work in any way you wish, it means neither of you can use the work without the express permission of the other.

So, unless your contract has a clause in which the second shooter explicitly grants you a license to do all the things you do with the images (make copies, give those copies to the B&G, use the images on your website etc etc) you have breached their copyright.

It's good to be reasonable when working with others but sometimes that can be overly detrimental and you have to settle for just being professional. Your contract should include a proper assignment of copyright so that your business is the sole copyright owner and an additional clause that grants limited usage back to the second shooter.

I do more of the second shooting than having second shooters, but I extend the same to 2nds the few times I have them as I ask/expect when I shoot for 1sts: No social media use--as tagging and what not can cause confusion as to which photographer shot the wedding. On my own website portfolio is allowed.

That is correct, I came up with this myself. Thank you for the input.

Dan Marchant wrote in post #17902495
I'm going to guess you came up with this yourself, rather than using an experienced IP lawyer.

I realise you are probably doing that to be reasonable and fair but joint ownership of IP is a bad thing. Copyright law is exclusive, not inclusive. All use is excluded without the permission of the copyright owner. If there is more than one owner, permission is needed from all of them.... even if you happen to be one of them. Joint ownership doesn't mean that both of you can use the work in any way you wish, it means neither of you can use the work without the express permission of the other.

So, unless your contract has a clause in which the second shooter explicitly grants you a license to do all the things you do with the images (make copies, give those copies to the B&G, use the images on your website etc etc) you have breached their copyright.

It's good to be reasonable when working with others but sometimes that can be overly detrimental and you have to settle for just being professional. Your contract should include a proper assignment of copyright so that your business is the sole copyright owner and an additional clause that grants limited usage back to the second shooter.

Would this be better wording then? I am giving the studio I work with ownership of the images but I am retaining a limited use of the images as well.


"The Contractor’s assignment is work for hire. Photographer will have ownership on copyrights of images but Contractor has limited use of images. Contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer’s express written permission. XXXX Photography grants Contractor permission to use the images taken during the contracted event for Contractor’s professional use in the following manner: Print portfolio and website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) months from date of event. Web use shall include an accompanying “Photographed with XXXX Photography” credit line somewhere on page as well as a link to XXXX Photography website."

jcook0415 wrote in post #17902550
Would this be better wording then? I am giving the studio I work with ownership of the images but I am retaining a limited use of the images as well.


"The Contractor’s assignment is work for hire. Photographer will have ownership on copyrights of images but Contractor has limited use of images. Contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer’s express written permission. XXXX Photography grants Contractor permission to use the images taken during the contracted event for Contractor’s professional use in the following manner: Print portfolio and website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) months from date of event. Web use shall include an accompanying “Photographed with XXXX Photography” credit line somewhere on page as well as a link to XXXX Photography website."

Sounds better, unless XXXX Photography is requiring it I would ditch this part "Web use shall include an accompanying “Photographed with XXXX Photography” credit line somewhere on page as well as a link to XXXX Photography website."