clemente21

I am aware I am asking legal questions, but I believe some in this group have handled this situation before. I would like your opinion based on your experience. I was asked to shoot a wedding and I feel I a 2nd shooter will be very helpful. It will be the first time I will ask someone to assist me. Although it is my gig and for all purposes that person is working for me, what are my rights to those photos? Do I need to write an agreement/contract, just like I did with the wedding party? I’ll appreciate your insight and any tips you might have. Thanks in advance for your response.

Murray Loc: New Westminster

In one word, yes.

CHG_CANON Loc: the Windy City

Write an agreement / contract - yes, have a written document and have it signed before the event by everyone working for you under your contract with the wedding party. Explicitly state the ownership of the images and all reuse limitations by others of what are your images.

CPR Loc: Nature Coast of Florida

Same word ===YES. Unless you do the photos will be theirs.

elucero74 Loc: nm

Maybe, you supply the memory cards and let it be understood (in writing) that they belong to you, and you will exchange them for money at the end of event.

ole sarg Loc: south florida

I work for GM assembling Corvettes. Are the cars I work on mine? I would get a work for hire agreement and modify it to your circumstances.

throughrhettseyes Loc: Rowlett, TX

If you furnish the camera and memory cards then all the assistant is providing is labor. NOW if you hire them and their camera equipment that's another story.

AzPicLady Loc: Behind the camera!

I worked a few times with a photographer when I was just starting. I used my own camera, but his film. Although we didn't have a written agreement, it was clearly understood that he owned the images I took. I was paid for those images I took that were purchased by the people we were shooting for. He developed and printed the pictures, so he bore all the cost of the shoot. I worked this way on occasion for several years. It was a learning process for me and served him well. He would give me a list of pictures he wanted me to take but left me to my own judgement as to how to take them. I think nowadays, probably a written contract would be required, simply because I think people aren't as willing to abide by spoken agreements too much anymore.

via the lens Loc: Northern California, near Yosemite NP

Get an agreement in writing. The courts have decided that in government and private business settings an employee who takes photos for the company does not own the photos, the company does. However, the person working for you is not an actual employee in the same sense. Getting an airtight written agreement is important.

amfoto1 Loc: San Jose, Calif. USA

Yes, you definitely need a written agreement. It needs to clearly define each person's roles and rights, as they pertain to the job and the uses of the images being made now and in the future.... and of course the agreed amount(s) and timing of payment(s).

At a minimum, if you let them retain copyright of their images, through this agreement you need them to license you to use and sell their images. In addition, you must restrict them from selling the images for some period of time, so that they can't go around you and sell to your clients.

However, it is common at weddings and would be better if it were spelled out in the agreement as "work for hire" where the copyright is yours. In this case you have all rights to the images and if you wish can license them to be able to use the images in a portfolio and for self-promotion, but not for any commercial purposes now or in the future. This precludes them ever selling the images to your clients... or ever using them for any other profitable purpose.

Likely you can find some 2nd shooter agreements online to adapt for your purposes.

jerryc41 Loc: Catskill Mts of NY

Talk to PETA. They managed to get a money royalties for a picture he took.

Jimmy T Loc: Virginia

I would use something like this contract: https://www.legalcontracts.com/contracts/service-contract/?loc=US&pid=googleads-servag_us-mainL1_dza4-ggkey_work%20for%20hire%20agreement&gclid=Cj0KCQjw_vfcBRDJARIsAJafEnHa1kfSkeS3wsZLXmmiI4klw4cv9804Fs1BRgI-YS2FJDIYASpGXkAaAoEcEALw_wcB

Nikon1201

Eli Eros is correct . Make sure his camera doesn’t have 2 slots. Agree on a fee then trade the cards for money . Done

jwn Loc: SOUTHEAST GEORGIA USA

Each State has court decisions and legal definition of employee. Make sure your contract avoids making the independent contractor an employee. Employee employer relationship has to do with control, tools to do the job, etc. If you create an employee situation you need workmen comp, etc. If you recommend hiring a pro to do your wedding, hire a pro to do your legal work not a blog.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

When I hired stringers, all film was given to me at the end of the job. End of story. They work for you, all images go to you. Stringers have no rights to images. They were not hired, you were.