StanMac Loc: Tennessee

You need an independent contractor agreement containing provisions that stipulate ownership of the contractor’s work products.

Stan

bweber Loc: Newton, MA

"Working for you" may be a problematic phrase. You want to make sure this person is not your employee. He/she is an independent contractor working with you. This should be agreed to in writing. In addition, the best way to insure that you own and can process the images is to provide the photographer with cards and have them returned to you at the end of the shoot. You could tell him that you will give him recognition for any images you sell that he took and perhaps a piece of the sale price, but you are doing the post processing and the marketing.

yorkiebyte Loc: Scottsdale, AZ/Bandon by the Sea, OR

Yes...this.

sirlensalot Loc: Arizona

Maybe if you supply the memory cards, and collect them immediately after the event, potential issues can be avoided.

PHRubin Loc: Nashville TN USA

I second that!

Tomcat5133 Loc: Gladwyne PA

Some notes on this post from an experienced producer, creative director, art director and now videographer.
A number of years ago I acted as consultant on these ownership issues or billing disputes. When their was a lot more print media
pro photographers position was that they owned the photos. Why because of usage. A photo taken for an annual report might wind
up in 10 trade magazines. It was a contentious situation but usually worked out. Some clients understandably said I payed a lot
of money for these photos. But the covers shot for Vogue is not the back page 1" ad with a photo. The photographers were desired
so they usually got what they wanted. Photo assistants who handled gear and lights shot some time. They were hired and understood
what the deal was. How else could they grow a career. But now the biggest issue is the 2nd photographer at a wedding or ad shot
might want to use his shots as samples of his work. These arrangements were usually verbal. Joe you are talented and you can take
some shots but you cant use them for selling. The photographers in NY had rules if you drop a camera your are fired. People's word
usually worked. The understanding was verbal and a matter of honor. Today it is the wild west of images. I don't think a signed doc
will mean that much. are you really getting lawyer for a kid who posted an art photo at the wedding he seconded? I hire a lot of
get the to sign legal beagle in this forum lately. If you are working with creatives and I with many crews for huge sales meeting
productions most respect the production company that hired them free lance. Occasionally one of the crew guys would come
up and pitch himself. I would not be happy about that. The suppliers and stringers were loyal. Communications and the respect
you get is the answer. Amongst my creative friends non of us would step over and try and get their client. It was an understanding.
So get real all this legal stuff never works. Have any of you ever worked with a lawyer to get a solution. Doesn't work.

mack65

I alway get a writing contract . Its good business

yorkiebyte Loc: Scottsdale, AZ/Bandon by the Sea, OR

... Huh??

Larz

Get your agreement in writing and have it reviewed (and likely edited) by an attorney before the gig.

Tomcat5133 Loc: Gladwyne PA

Another defense you might experience in shooting weddings is they weren’t satisfied with the work. They are not paying. The quality is poor etc etc. you missed uncle tanoose who was in the bathroom during a group shot. Their is not a contract that could cover all
the problems. My daughter has a consulting and some alliances with companies. She has spent a lot of money contracts details that are always a back and forth circus.
So my point once again is relationships have to count on a certain amount of trust and honor between parties. Including your assistants.

Bipod

Not to give legal advice, but my understanding is that 2nd shooter's photos will be "works for hire".
As such, the copyright will belong to you.

The question you are asking (and it's a good one) boils down to: is this "work-for-hire"
relationship clear enough from the context, or is some kind of written agreement needed?

If he is an employee shooting one of your cameras, then the relationship is pretty
clear, IMHO. But if he's an independent contactor, then it may or may not be clear,
depending on the circumstances, so you probably do need a written agreement
stating (1) that the photos are works-for-hire; (2) that he will surrender all images and
and all copies (in whatever form) to you; (3) that he relinquishes any and all rights
to said images, and (4) that his fee is compensation in full for services rendered.

Beyond the IP issue, there is the huge, thorny problem of having of employees or
contractors.. If you already have employees or contractors, then you know all about it.
If not ,then you really should seek legal advice.

There are big advantages to attempting to make him an independent contractor, but that
may be difficult if he uses your camera or is closely supervised by you. Tax authorities
may decide he's an employee. A few points to ponder:

Either kind of agreement:
* description and scope of work to be provided
* beginning date
* location
* arbitration clause

Employment:
* hourly rate
* how time is measured (portal-to-portal or on job site)
* "temporary, part-time work".
* "employment at will"
* to be performed under your supervision
* "employee assumes all risks of employment" (may not be enforcable, but can't hurt)

Independent contractor:
* flat fee for job
* carries his own insurance (amount, type)
* brings his own equipment

Obviously, you'll want to be very careful to pay any taxes, premiums or contributions that
are owed under local, state and federal law, and to have a business license if one is required
for photographers in your city. You don't want any of this coming back to haunt you.

Tim Stapp Loc: Mid Mitten

I just got home from work, been a long day. So, having said that you may want to post this in the Wedding Photography section where there are professionals that deal with this on a regular basis.

jcboy3

Doesn't matter. Whoever pushes the shutter has the copyright. The OP needs an agreement with the second shooter. Since the second shooter might want to use some photos for their own portfolio, an agreement will include transfer to the primary photographer as well as establishing rights to the second shooter.

I do find it funny that wedding photographers are such sticklers about copyright and providing digital files to clients, yet they stiff the hell out of their second shooters.

I don't shoot as second often because I don't transfer copyright, ever. I assign rights to use, with agreement not to publish within a certain time period. Take it or leave it...that's my motto.

Tim Stapp Loc: Mid Mitten

Funny. I have never been stiffed as a second shooter. I reach an agreement with the primary and go from there.

Stiffed from brides/couples, ok my fault. From a primary, never.

E.L.. Shapiro Loc: Ottawa, Ontario Canada

It's straightforward and unequivocal:

The "studio" or the original contracted wedding photographer owns exclusive rights to any and all images made by employees, assistants photograhers, sub-contractors whose services covered and included under each original contract. This includes any and all outsourced, freelance or causal labor, laboratory, or editing services. The aforementioned hired parties are strictly prohibited form direct dealing or sales of any image product created in conjunction with the aforementioned original contract to the client.

I would bring this basic text to a lawyer and have it cleaned up and refined. You have the right to establish this policy and there are many precedents in time honored trade practices where many studios and wedding photography business hire freelance weekend shooters to accommodate multiple booking and heavy seasonal workloads.

If you hire on addition shooters frequently,it wise to create a standardized form to protect your interests and to set out the financial arrangements with your assistant photograhers.

Some years ago, I managed a New York City areas studio with high volume of wedding work. We had a large full-time staff and, in "the season" we brought in as many as 24 stringers each week. Of course, in those days the studio supplied the film and the shooters each used their own gear. The film was handed in after each assignment. Nowadays, with digital photography, images can be downloaded and saved unbeknownst to the studio or original contractor, so it is especially important to set out polices and have the supporting paperwork.

You need do prevent unauthorized sale, display. misuse or misrepresented usage of your images or any third party interference in you business dealing with your clients.