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by briandear
1493 days ago
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Actually, absent a work for hire agreement, that isn’t true [in the US.] I used to be a contract photographer for Reuters, Time, and a bunch of other places you’ve heard of and my standard agreement was a day rate, and the client would have rights to the specific photo they published. All the outtakes were mine and I subsequently could sell those through an agency. On other assignments, specifically corporate and advertising, those would often be a work-for-hire agreement in which case they owned everything I shot. Of course I charged a lot more for those assignments because I wouldn’t be able to make residuals from agency sales. An example is I photographed Ken Lay for Enron as a work for hire. So when the Enron scandal hit, I couldn’t sell anything from that shoot. Another assignment was a Bush family portrait for Reuters in 1998. I was able to sell my outtakes and that made me a pile of money during the 2000 presidential campaign since there was no work for hire agreement. And the Bush’s didn’t have any rights to those photos despite being the subject even though I shot it in their family home. The point is that work-for-hire has to be explicit. For medical imagery, it would seem that the creator of the images would have the rights, but HIPAA would preclude them using them unless there was a specific release (which is common in teaching hospitals.) |
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