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Still photographer
- Thread starter dr stilly
- Start date
The photographer has been retained to take photos of YOUR film set for YOUR organizational purposes, hence is a freelance employee. As long as s/he's been compensated per your prior agreement the pictures belong to you.
If you are really worried give him/her a memory card at the beginning of the shoot which will be returned to you at the end of the each day for download.
If you are really worried give him/her a memory card at the beginning of the shoot which will be returned to you at the end of the each day for download.
There is usually an agreement (for example as if you shot a music video for a band you might to use footage for your reel) where the "artist" retains some rights to the photos/video for their own purposes. Some photographers only work where the retain the rights to all the source material and they are just giving YOU the rights to use his photos for your purposes.
All this depends on the exact agreement you guys reach.
All this depends on the exact agreement you guys reach.
Here in the USA, the photographer (the creator of the intellectual property) owns the images unless there is a specific work for hire agreement in place. You should check how things like that work on your side of the pond, but I would get either a work for hire agreement or an unlimited license for all images created.
I like to think of this as a rule of thumb...
If they are paying then the person that owns the rights to the project owns the rights to the photos.
This is why contracts are so important, this way it is made clear who owns what and how the images can be used.
Even if I have been paid for the set photography but there is no contract detailing rights I give a copy of all the photos, including some with post work done and wait to see when they release some photos, then release my photos.
did you pay him?
unfortunately once it gets to this point most people have very few choices and sometimes comes down to leaving him with the photos, lesson learned or you make it a legal matter, expensive lesson learned...
if you paid him you could tell him that if he refuses to give the files then to just return the money that was already paid....
Percentage of what?
Also... how badly do you need these photos? If you don't neeeeeeeed them, you can let him cool his jets 'til he's ready to come around and talk sensibly.
This is why contracts are so important. Do you already have a contract? If yes, you can sue for breach of contract. If not, shame on you!!!
My rule of thumb is to NEVER work with anyone who refuses to sign a contract. They are either inexperienced, stupid, incompetent or looking to rip you off.
"Oh, but I'm your friend!" or "You can trust me!"
"All the more reason to sign a contract. Nobody can screw with our agreements; we've got it all down to the last detail. They'll need a lawyer to mess with us."
My rule of thumb is to NEVER work with anyone who refuses to sign a contract. They are either inexperienced, stupid, incompetent or looking to rip you off.
"Oh, but I'm your friend!" or "You can trust me!"
"All the more reason to sign a contract. Nobody can screw with our agreements; we've got it all down to the last detail. They'll need a lawyer to mess with us."
Again, this is coming from my perspective of being a photographer in the United States and your mileage may vary in the UK. If there is no contract or release of any kind, the creator of the images owns them with some limitations on use. Here, the photographer can use any images that he/she created for personal promotion and their portfolio, but can't sell or commercially distribute any images that contain identifiable people or copyrighted material without a model/likeness/logo release. If none of the actors/crew of the production signed a likeness release, the photographer has no real use for the images other than to sell them to the production. Don't be afraid to tell him/her to go pound sand. Also, make sure to remind the photographer that any unauthorized distribution will be pursued to the fullest extent of the law. This advise assumes (NEVER ASSUME) that the laws in the UK are the same/similar to those in the US. My final bit of advise would be to consult an attorney/solicitor.
There's a terrible thread, from earlier this year, about a British producer/director whose entire footage was being held hostage by the DP. Craziness.
There's a terrible thread, from earlier this year, about a British producer/director whose entire footage was being held hostage by the DP. Craziness.
Yeah I remember that story and it made me get my DP signed pronto. I have to blame my producer on this one. 3 days into shooting this guy came along with an actor (mates) and started taking pics for the actors 'showreel'. Next minute he is our unit stills photographer turning up everyday and now this. I was way too busy to pay attention.
To answer a previous question the photographer wants percentage of net profits, back end. Just wondering how much each photo would cost us?
send him paperwork stating that he will be entitled to .000000000001%
see how he reacts to that lol
BTS stills are great for promo, and production packages, etc. Not essential, but pretty good. Not worth getting tied over a barrel for, though.
So the dude was originally brought in to do stills for one of the actor's publicity? It suuuuure would suck if that actor's publicity stills were suddenly 100% unusable for the actor, 'cos his friend is being a douche. You have some claim over the content of the photos, right? I mean... if you can't use them, maybe that photographer can't, either.
So the dude was originally brought in to do stills for one of the actor's publicity? It suuuuure would suck if that actor's publicity stills were suddenly 100% unusable for the actor, 'cos his friend is being a douche. You have some claim over the content of the photos, right? I mean... if you can't use them, maybe that photographer can't, either.