if i use a photographer's photos for some flyers/collages that i created, should he be entitled to...?

Question

payment for the images since i already paid him for the photoshoot and paid the models for the photoshoot?

I'm a graphic designer for 10 years, I hired the photographer and the models, paid them and both the photog and the models have releases to do what they want with the images. I created event flyers with the images, and the photographer wants credit on the flyer (name and web address) and is feeling me out for a cut of the profits for the event.

im looking for copyright references if anybody has any or at least a point in the right direction.

Answer 1

Did you draft a contract between the two of you stating the terms?

It sounds like this was a "work-for-hire" situation.

Here's what the US Copyright Office has to say:

"If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties."

Here's a PDF document that explains it all: http://www.copyright.gov/circs/circ09.pdf

Hope that helps!

Answer 2

The photographic images and negatives remain the property of the photographer. The copyright rights remains theirs as well unless contract states otherwise.

Answer 3

It depends if there is a registered copyright. Most likely not. Then you need to determine whose property the actual photos are. His name should be included in close proximity to the photos as a professional courtesy, however, if you are the sole owner of each photo used then he is not entitled to anything.