Ownership of Photography Copyright When a Photographer Takes Photos for an Employer

The question of photography copyright ownership arises frequently when a photographer takes photos for an employer or client. Whether the photographer is a full-time, part-time employee, a contractor, or freelance worker, the rules of copyright ownership can vary significantly. This article aims to clarify the nuances of copyright ownership based on the nature of the work and the presence of any contracts.

The Concept of “Work for Hire”

When a photographer’s duties involve taking photos as part of their normal work responsibilities, the concept of “work for hire” is applicable. In work for hire situations, the employer is considered the author of the work and thus owns the copyright. This status is recognized by law in many jurisdictions, making it the default in many situations. However, for this to apply, the employer must set clear expectations during the “employee work time.”

Contract Work and Copyright Ownership

In scenarios where the photographer is hired as a contractor to do a specific photoshoot, the concept of “work for hire” does not apply. In these cases, the copyright remains with the contractor unless explicitly stated otherwise in a contract. This is true regardless of whether the contract is with a photography business, a restaurant, or even with a fictional character like Batman. The terms and conditions of the contract are supreme in determining copyright ownership.

What About Photographs Taken During Non-Duty Hours?

Even if a photographer takes photos during their non-duty hours, the copyright ownership will depend on the nature of those photos. For example, if a full-time photographer takes photos at a company event but these photos are not part of their regular duties, the employer would generally not own the copyright. The employer can only claim the copyright if they have a clear written agreement or if the act was (or appeared to be) under the employer's explicit direction.

Green Screen and Digital Collage Videos

It's worth noting that the same principles apply to other forms of media created by employees or independent contractors, such as video, audio, and digital collages. The key again is the nature of the work and any existing agreements. In the case of a company creating a green screen or digital collage video, the copyright would generally belong to the company if it was created as part of the employee's regular duties.

Contracts and Copyright Ownership

Contracts play a critical role in resolving copyright disputes. If there is a signed contract that clearly stipulates the terms of copyright ownership, then the contract rules apply. If a contract does not address the issue, the photographer retains the copyright. This principle applies whether the contract is with a photography business, a restaurant, or even a hypothetical character such as Batman.

Registering Copyright with the PLUS Registry

For photographers who retain the copyright to their work, it is advisable to register their copyright with the PLUS registry. Copyright registration provides legal documentation of the ownership and can be beneficial in case of legal disputes. However, it's important to consider the potential impact on your reputation when choosing to enforce your legal rights in a situation where the employer or client may have a reasonable expectation of owning the copyright.

Conclusion

To summarize, the ownership of photography copyrights depends on the relationship between the employer and the photographer, the nature of the work being created, and the existence of any contracts. Employers and photographers should be aware of these principles to avoid any misunderstandings and legal disputes.

For further information and resources on copyright law and photography copyright, refer to the Official Website of the PLUS registry or consult a legal expert specializing in intellectual property.