Who has copyrights, A photography studio or the photographer?

Question

I hired a photography studio for my daughter's wedding, the photographer who took the pictures no longer works for them. This photographer has sent pictures, to one of the girls in my daughters wedding party, pictures from her wedding to her myspace account. I had to pay for these pictures and the photographer is given them to people for free. Without my permission or the permission of the studio that I paid to do my daughters wedding. What recourse do I have if any?

Answer 1

As a photographer, I own the copyrights of any pictures taken. I work at will with a company who pays me commission based on their sales of the pictures. That would mean that at any time, I can walk out with the pictures and they are not able to sell them. That is the way my contract is written....May not be the way another photographer's contract is written.

Here is the loophole for you...NO photographer is allowed to use your pictures unless you signed a release/consent form. I cannot even have the pictures in my portfolio unless the person/s signed the release/consent form. Not to mention, give them out to anyone other than the person/persons in them. Is there anyone else in the picture other than the girl that the picture was given to?

I would say that you have grounds....but I am not sure what you would get out of it. Contact the photographer and let her know that you do not want the photos distributed to anyone other than the person who paid for them and work from there.

Good Luck!

Answer 2

this sound a lot like sour grapes and you could be headed down a road you might regret. Berne convention gives the copyright to the original author, for a photo that is the photographer. What happens after that is determined by contract agreements.

Generally any photographer that works as an independent contractor for a studio usually does NOT give all rights to the studio. Typically he reserves for himself as a minimum the non-commercial rights of distribution so he can prepare a portfolio of work in order to solicit clients for example. For him to give away photos like you mention could actually be his right. You would have to obtain copies of the photographers work contract with the studio to know which rights were reserved.

The studio may have sold you pictures of the photographers work, but they can only transfer to you that portion of the rights which they held, which is not necessarily all rights as already mentioned. Actually normal sales of photos does not include any rights because the studio expects you will come back for reprints and will keep the negatives. But if your contract specifies that it includes them then you need to insure that the wording is for all rights without limitation. If the studio sold you something that they themselves did not own such as "all rights", then you might have a legal claim against the studio, but that is not going to get photos removed from myspace if they were posted with permission of the photographer.

Answer 3

Did you sign a contract or agreement? Do you still have it? Is so, read it, and see what it says about copyrights. Bring the problem to the attention of the studio and find out what they have to say.

You can always politey ask the photographer to stop using your daughters pictures. Maybe it will work, maybe not.

Answer 4

The photographer initially; but he may under contract assign those rights to the studio, or to the subject of the photo. You'd need to understand what contracts were signed, and by whom.

If he did not assign the copyright to you or the studio, you have no claim against him.

Answer 5

If he work(ed) for a studio at the time of the photo session, the copyrights belong to the studio. He's probably doing it in the hopes that the studio will lose money. I doubt you can do anything, but the studio could.

Answer 6

Take him to the peoples court