Copyright and Metadata on Contract Shoots

BackdoorArts

BackdoorArts

Senior Member
I'm finishing up my first set of product shots for my buddy's business (I'll post what I can elsewhere when I'm done) and was wondering how I should handle the photo metadata on the shots I hand over? The photographer data will obviously stay intact, but I'm assuming copyright belongs either to his company, or is held jointly between us (which would obviously involve some type of agreement). I'd ask him, but I know him well enough to know he's probably never thought about it before and would say, "I don't know, what do you think? Do whatever you think is best." The material photographed is obviously his property and covered under the usage restrictions dictated on his website, but I'm wondering what to list on the images themselves?

Any experienced recommendations would be greatly appreciated.
 
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Dave_W

The Dude
I believe the copyright remains your and only yours. However, you have agreed to allow them to use the images as they see fit. It's not unlike a patent. You can sell the rights to it but you still remain the "owner" of the patent. At least that's the way it was explained to me.
 
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riverside

Senior Member
BackdoorHippie said:
I'm finishing up my first set of product shots for my buddy's business (I'll post what I can elsewhere when I'm done) and was wondering how I should handle the photo metadata on the shots I hand over? The photographer data will obviously stay intact, but I'm assuming copyright belongs either to his company, or is held jointly between us (which would obviously involve some type of agreement). I'd ask him, but I know him well enough to know he's probably never thought about it before and would say, "I don't know, what do you think? Do whatever you think is best." The material photographed is obviously his property and covered under the usage restrictions dictated on his website, but I'm wondering what to list on the images themselves?

Any experienced recommendations would be greatly appreciated.
Click to expand...

Depends on contract terms. My experience has always been companies who employ purchase orders for services and goods inevitably have them vetted by legal counsel and buyer purchases all rights. Small companies, entrepreneurs and individuals where letter or verbal agreement is the common contract seldom if ever broach the issue. When I invoice most of the latter group, it's for services rendered with no mention of image rights, which remain mine. Other than some fine art and jewelry images for appraisal accompaniment purposes that ended up at major auction houses (back to contracts), no one really seems to care. It's not like I'm shooting the yet to be released Ferrari or smart phone.
 
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Don Kuykendall_RIP

RIP :(
I think Dave has it correct. It is almost a moot point on most things. They have rights to the photos for whatever they want to use them for and what would you ever use them for other than your portfolio. The only thing that would be up to you and the company would be your copyright mark which I would think they would not want on the photos. I probably not even put it on or even bring it up.
 
Browncoat

Browncoat

Senior Member
Click the link in my sig. There's a couple lengthy posts that cover this topic in this very section of the forums.

As the photographer, the copyright is, and will always remain, yours. You pressed the shutter button, it's yours. You license the photos to your client for their use, but unless you expressly transfer the copyright (which would be a horribly bad idea) in writing, you are the owner of the images you take.

How detailed you make their license is up to you. You can limit it to only web use, or whatever terms you outline. As mentioned in my posts, there are entire books dedicated to professional image licensing. If product photography is something you're interested in, they are a must-read.
 
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Xrsm002

Senior Member
Ok have a question when my wife and I had our wedding pictures taken we received them on a cd with our pics on them so we could pick out which ones we wanted. The photographer had the cd "programmed" to where we could only view the pics for 30 days, how would I do this with the photos I take?
 
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