photography ethics

13 years 1 month ago #46705 by Mike eats photos
I am paid to travel, rent equipment/props/etc, hire models, and do a shoot for a mag ad. The guy pays all the costs and for the one photo which is used in the magazine.

I still have 500+ images. Are those mine? I have another gig and I want to use some of the images I took on that shoot. Can I use some of the images that the other guy essentially paid for?


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13 years 1 month ago #46708 by photobod
I would imagine you must have a contract as it sounds like a business arrangement, so check through it, if you dont then why not ask him if you can use them, he has hired you so I would imagine the rights to the use of photographs is his, that was the case when I used to work for an agency. :thumbsup: :thumbsup: :thumbsup:

www.dcimages.org.uk
"A good photograph is one that communicate a fact, touches the heart, leaves the viewer a changed person for having seen it. It is, in a word, effective." - Irving Penn

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13 years 1 month ago #46710 by chasrich
It sounds like a sweet deal if you can. You need to read the contract you signed with this guy. It might be a good idea to just ask him if he minds. If you are an independent contractor I would guess that it would be ethically correct.

I'm good at these types of decisions - just ask Vinnie when he gets out... :rofl:

“Amateurs worry about equipment, professionals worry about money, masters worry about light, I just make pictures… ” ~ Vernon Trent
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13 years 1 month ago #46712 by chasrich

photobod wrote: I would imagine you must have a contract as it sounds like a business arrangement, so check through it, if you dont then why not ask him if you can use them, he has hired you so I would imagine the rights to the use of photographs is his, that was the case when I used to work for an agency. :thumbsup: :thumbsup: :thumbsup:


I gotta stop reading your posts David. :thumbsup:

“Amateurs worry about equipment, professionals worry about money, masters worry about light, I just make pictures… ” ~ Vernon Trent
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13 years 1 month ago #46715 by effron
I used to do this kind of thing back in film days, where the issue was more clear, he got all the film. Now there is more confusion. You have possession of the files, my guess is they are yours.....

Why so serious?
Photo Comments
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13 years 1 month ago #46718 by Mike eats photos

photobod wrote: I would imagine you must have a contract as it sounds like a business arrangement, so check through it, if you dont then why not ask him if you can use them, he has hired you so I would imagine the rights to the use of photographs is his, that was the case when I used to work for an agency. :thumbsup: :thumbsup: :thumbsup:


The contract was only about what I had to deliver (ie the photo he ended up choosen), him paying for travel, equipment etc...(me having to pay for food etc..) It doesn't say anything about who owns all the photographs. Thanks.


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13 years 1 month ago #46720 by Mike eats photos

chasrich wrote: It sounds like a sweet deal if you can. You need to read the contract you signed with this guy. It might be a good idea to just ask him if he minds. If you are an independent contractor I would guess that it would be ethically correct.

I'm good at these types of decisions - just ask Vinnie when he gets out... :rofl:


Sweet deal is right. I guess the right thing to do is to ask him. I just thought I run it pass you guys first to see what you all have to say.


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13 years 1 month ago #46722 by Mike eats photos

effron wrote: I used to do this kind of thing back in film days, where the issue was more clear, he got all the film. Now there is more confusion. You have possession of the files, my guess is they are yours.....


Yup, He had already chosen the one shot he wanted. He never claimed to want all of the photos, which is why I thought they belong to me, but I wasn't sure.


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13 years 1 month ago #46726 by Heather4U
Do whatever you like, even resale them, as long as you have releases....BUT we're talking about ethics here. The real question is do you ever want to work again? While this is legal, the hiring company has hired you on good faith and I'm sure they assume you won't go out and sell the other pics. For example, say I'm doing a cologne ad and I hire you to take some pics of some models. Well if you go out and resale those pics and they are published before I get my ad campaign finalized...them I'm really pissed b/c my art director's idea looks stolen and unoriginal. It could ruin my whole campaign. So I will never hire you and no one I know will ever hire you again.


So the ethical stance would be to only use the pics in a portfolio or book project. Only use them after the intended purpose has been completely fulfilled.


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13 years 1 month ago #46730 by Mike eats photos
Wow, I never thought about it in that way. Well for right now I would only use them in my portfolio. I guess my best bet is too really sit down with the guy and ask.

Thanks everyone for your input.


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13 years 1 month ago #46739 by arkady001
Legally they're yours: as the author of the images - even the ones used in the magazine - you own the intellectual copyright on any images you took.

Unless...

It stipulates otherwise in the contract.

If you're freelance - it's pretty clear-cut - they're yours.

If you are employed full-time by a company as a photographer, then as a 'paid photographer' they belong to the company that pays you.
However if you work as an accountant for the same company and they ask you to "take some photos for the website" - they belong to you, as your company does not employ you as a photographer.


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13 years 1 month ago #46808 by Mike eats photos
I was only hired to do the job. So I guess you can say I'm freelance. As I'm not their staff photographer.


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