Portrait & Wedding Photography Copyright?

Question

When a photographer is commisioned for a Wedding or Portrait Shoot and no formal agreement regarding copyright is signed, who owns the copyright?

Answer 1

the photographer does if there is no agreement to the contrary. you usually have to pay extra if you wish to purchase the copyright. after all, if you own the copyright, you dont have to buy the prints through to the photographer, so they would not be making that extra money.

Answer 2

Generally the commissioning agreement states the terms. If a transfer of copyright is not stated, then it remains with the photographer. The rights also remain with the photographer until payment is made, as that is what establishes the validity of the commissioning contract.

Who is the photographer? The "work for hire" is a different concept entirely. People who are hired to participate in a photo shoot do not obtain any share in the copyright. That would include the person setting lights, the hairdresser, the photo lab and the assistant, even if it is the assistant that pushes the button for the shutter. The person in responsible charge becomes the rights holder and it is his creative effort that is protected.

By the very fact that a commissioning was made, the patron is admitting he is no photographer and needs the service of a person with the requisite creative skill. Purchase of the copyright is a separate and distinct act to be negotiated between the patron and photographer.

Answer 3

According to the Copyright law of the United States:

"In the case of works made for hire, the employer and not the employee is considered to be the author. "

As you have hired the photographer you are the copyright owner unless stated otherwise.

Answer 4

The photographer. It's HIS work, no matter whose pic is on the paper.