PNagy Loc: Missouri City, Texas

A local professional comedian has hired me to shoot his next performance. The owner of the facility where he performs says it is all right if he can have a copy of all I shoot.

I am rankled by this demand. It seems like he is trying to acquire free services. I suspect that as owner of the club he has a legal right to do it. I would appreciate being enlightened on the legality of the owner's demand. Also, is there some way to channel this situation toward a positive outcome?

MWAC Loc: Somewhere East Of Crazy

umm I would think since it's private property he has the right to say that you can't take photos at all in his club. As too asking for copies of the images, he can request them, doesn't mean you have to hand them over, of course that means he doesn't have to allow you to bring the camera into his building.

Nikon_DonB Loc: Chicago

I'm not a lawyer by any means, but I'd tell him(the owner) you'll give him a copy of the finished product "to view." If he uses them to reproduce for his clubs promotion, he'll have to pay you a fee. They are your work, afterall.

But once again,..J M H O..

Pepper Loc: Planet Earth Country USA

You need to sit down and discuss this with him. He has ultimate control of what you can and can't do in his facility but then you have an opportunity here to negotiate whatever you consider fair. If he's reasonable at all you should be able to come up with a win, win agreement. Good luck.

PNagy Loc: Missouri City, Texas

Win-win sounds good, but in this case, just what would that be? I'd like to get something out of handing him the pictures I take.

MT Shooter Loc: Montana

Sounds like a fair trade for PRINTS, but I would be sure my Copyright was prominently displayed on all of them to avoid infringement and unauthorized use of your work.

ioptfm Loc: Isle of Palms, SC

Place your Watermark on the photos and then you'll have no worries down the road. If he was to use them later he will have to ask you to have the watermark removed.

Dheaton Loc: Boulder, Utah

Doing work for hire is not just a guessing game. If this is a professional comedian and a professional event and you are a professional photographer several things should happen.
1. When you accept a job to do a commercial shoot you need to have the comedian agree by contract what he will be paying you and what exactly he gets in return. If you do not get this then (copyright or not) you will see your work being used elsewhere with out your input or payment. See right to own.
2. You are the professional photographer that has been hired by the comedian to to do a job. You need to talk to the owner of the club and let him know what you will be doing exactly and what the images will be used for.
3. When the club owner asks for a copy of all the prints just smile and tell him you would be happy to get him a copy of all the prints for him to see. However those are only for him and not for any advertising at all. If he wants to use them for any advertising then let him know what the cost would be and if it is unlimited use or a 1 time use and charge accordingly.
If you don't do this then lets say the comedian goes famous. Then the club owner starts using the images advertising his club and making money off of the famous comedian. You loose all the way around.
My best advise is to get everything in writing so everyone knows exactly what they are getting going into this including you. That is a win win situation.
I have much more on this matter but this is long already. Sorry.

RTR Loc: West Central Alabama

Playing devil's advocate(I like to do that but don't know why?!).

How does he lose 'all the way around'? The comedian paid him didn't he?

WLFreemanJr

give him a copy after you resize and watermark them with your copyright don't ask but see if he gives you some documents to sign giving him rights to your photos

docrob Loc: Durango, Colorado

Have a beer and relax. There is nothing to be rankled about here. The owner is simply saying it's ok - I just want a copy. Seems very civil and common sense to me........your client btw in this assignment is not the club but your friend....ultimatly your friend has some say in what pics go where and how...... Be nice. Use honey instead of vinegar. And be honored instead of incensed......

docrob Loc: Durango, Colorado

ask for a bar tab

Dheaton Loc: Boulder, Utah

He looses all the way around because he may have been paid a small amount for a small gig then if the comedian goes big time he looses because the club owner has rights to the images. There was no contract and the club owner can just say it was for his club.

Dheaton Loc: Boulder, Utah

I agree with that 100%. I have on occasion when doing a job like this, made a nice size print of the best image and framed it and when showing the images to the club owner given it to him to put on his wall at the club. With my logo on it of course. haha

photo guy Loc: Chippewa Falls, WI

I actually agree with most of what advice is given. I have not had a situation like this but did have a situation where I shot photos of an event and told the owner the photos could be used for marketing only with my name on them and I can use any photo I take for my own portfolio. I was given free access to the event and chose 10 nice photo to put on a cd for him with my name on them so they could not be sold. He had 5 other people doing photos and video of the event so he got tons of photos to use for it. He said he couldn't pay for anyone to do the photos or anything else so everyone wsa considered a volunteer for the event though he did pay to bring in a live band and a full beer wagon. Since the event, not one of the photos I gave him has been used for any of the marketing and everyone else's photos are now on the website for sale. No one else had their names on them or watermarks. My opinion: sit down with all involved and work out a nice deal that is a winner for all.