Copyright abroad

vp_studio

vp_studio

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Vaunynel
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Hi guys,

I'm sure this has been covered already, but I'm under time pressure and can't find the answer I need.

I was paid to do a portrait shoot in Rome and to photograph a hotel there.

I want to know if I own the rights to these images or does the fact that it's a shoot outside the UK effect my copyright rights?

Thanks for your help!
 
How can we say you made the contract/rights with the hotel/model, I would say if you were paid, they own the copyright
 
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Just Dave said:
How can we say you made the contract/rights with the hotel/model, I would say if you were paid, they own the copyright
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Not according to the Berne convention and the law in most countries.

The photographer owns copyright unless it's assigned by contract to someone else.

In Canada and Aus, commissioned work is owned by the customer by default, but generally photographers contracts take it straight back, to align them to the rest of the world.

Notable exceptions include work performed by an employee, where copyright for all works is usually reassigned in the contract of employment.
 
Phil V said:
Not according to the Berne convention and the law in most countries.

The photographer owns copyright unless it's assigned by contract to someone else.

In Canada and Aus, commissioned work is owned by the customer by default, but generally photographers contracts take it straight back, to align them to the rest of the world.

Notable exceptions include work performed by an employee, where copyright for all works is usually reassigned in the contract of employment.
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Well I'm a freelancer, do based on your thoughts, unless I give them a copyright release form the copyright should still be mine? I'm not holding you to that though ;)
 
Phil V said:
Notable exceptions include work performed by an employee, where copyright for all works is usually reassigned in the contract of employment.
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In the absence of the contractual arrangement - which could be employer-employee for all we know from the original post which is vague on this point - the question is impossible to answer with definitive accuracy.
 
vp_studio said:
Well I'm a freelancer, do based on your thoughts, unless I give them a copyright release form the copyright should still be mine? I'm not holding you to that though ;)
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What did the contract say?

.. why do I think that it won't say anything on the subject, and why would I be suprised in this situation if a contract even exists? :shake:
 
Alastair said:
What did the contract say?

.. why do I think that it won't say anything on the subject, and why would I be suprised in this situation if a contract even exists? :shake:
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No formal contract exists! Just email conversations regarding the clients needs!
 
well there's lesson one - next time use a contract.

with regard to copyright on this one though assuming you havent sold them the copyright , the berne convention would indicate that the copyright remains yours

however that isnt a definitive answer - for that you need to speak to a lawyer
 
big soft moose said:
well there's lesson one - next time use a contract.

with regard to copyright on this one though assuming you havent sold them the copyright , the berne convention would indicate that the copyright remains yours

however that isnt a definitive answer - for that you need to speak to a lawyer
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Thanks, yes I know no contract is a big mistake, especially as I have the cheek to give the same lecture to others..."do as I say"!!
 
Jayst84 said:
Is this the shoot with Mr Golfer? If so, I find it amazing that no-one on either side brought up the idea of contracts. I would try to get everything clear in writing now (even though really it's too late) as I'd guess various people involved would want a say in how any images appear in public.
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Yes, that's the one! I don't want anything except the right to brag! I'm not interested in selling any or stopping them from doing so. I just want the pics up and to use them to get more biz! But there's a possibility they may say no to me using the shots on my portfolio!
 
I think they'd be more concerned about you posting them on Facebook and here before they may have released the campaign.

/ OK, I see they've already asked you to take them down from Facebook. This is basic stuff when it comes to commercial photography (chose the right forum then I guess! :D ). If you're taking shots for advertising, then it's common sense that the client gets first use of the images, they don't want you stealing their thunder by leaking images onto public forums in advance. Given the confidentiality you agreed to leading up to the shoot, not naming the golfer, etc. this should have flagged to you that they were sensitive about stuff like this.
 
Jayst84 said:
I think they'd be more concerned about you posting them on Facebook and here before they may have released the campaign.

/ OK, I see they've already asked you to take them down from Facebook. This is basic stuff when it comes to commercial photography (chose the right forum then I guess! :D ). If you're taking shots for advertising, then it's common sense that the client gets first use of the images, they don't want you stealing their thunder by leaking images onto public forums in advance. Given the confidentiality you agreed to leading up to the shoot, not naming the golfer, etc. this should have flagged to you that they were sensitive about stuff like this.
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+1
 
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