Photography Copyrights?

Question

I'm confused about something. I've been doing some research on photography copyrights and everything that I've read says that all photographs are the property of the photographer. Then I came across something else that said that the photographs are never the property of the photographer if the photographer is doing a work-for-hire. Does this mean that if someone pays me to take pictures of them, they automatically have the copyright of those photographs? I'm just starting out in photography (or at least trying to lol) so If someone could explain that to me I'd be very grateful!

Answer 1

As soon as you press the shutter button, the copyright automatically goes to you... the only exception to this is if you are working for someone, such as Sears, JC Penny's, Portrait Innovations, etc.

Even if someone pays you to take pictures of them (such as with weddings and family portraits), you still own the copyrights to them (except for the exception stated above)... they do not. Upon agreement, usually with some sort of contract, they can purchase those rights from you.

Answer 2

Unless you sign a contract in the first place that says you give over ownership of the film, pictures, disc, or images then the photos belong to you,  Pure and simple.  If you work for a company that does this kind of thing then the company can take your photographs and images,  They do not have to give you a byline at all.  But, all of this has to be spelled out a head of time.

Example - I worked for a small studio in Eastern Oregon.  On my day of I had traveled to the mountains near by and took a series of photos showing the mountains and the lakes in hopes of selling them scenic magazine.  Remember I was on my time using my camera with film I bought and paid the processing for.  When the pics came back I was very pleased and went to show them to the boss.  He claimed them as belonging to the studio and was pissed of when he saw I had put my copyright on them.  He said just the simple fact was that I worked for him anything I shot belonged t him.  Uhhh....he had never said that nor had I agreed to it in writing.  I told him where to stick his opinion and quit.  If he had sent me out there to take photos then they would have been his.

Everything must be agreed to in advance.  Personally I rarely sell the negs or slides.  I sell prints.

Answer 3

As a photographer as soon as you Snap that picture its copy righted to that person. Now that person can Sell it to the person for a term suchs as only have rights to use it on front cover say 1 time or for as much as they please  but pay more. Depends on the terms between the photographer and the person buying it. I did research as im a photographer and would like to get my work out there in the future.  

Answer 4

As was said here the moment the shutter snaps the copyright belongs to the photographers. He can transfer the copyright to the person who hired him or he can grant the person who hired him rights to limited use of the photograph  ( e.g limited number of prints or one particular ad ) this is spelled out in the contract. Contracts are a very important part of the photography business

for copyright info its best to go right to the source

www.copyright.gov

here is what they say

"Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.

A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties"