Freelance Photographer New to the Forum....

[Moey]

Hi all,

I'm a freelance photographer from Lincolnshire. I started freelancing nearly 3 years ago after giving up a full time job in a glass factory where i had worked for 7 years. The photography was something that started as a hobby during the final year of that job. By chance, i ended up chatting to the picture editor at the local paper. He asked to see some images before asking me to cover some stuff at evenings and weekends. I did this along with my main job, but a year later, in 2006, decided to leave my full time job to try out working for myself.

The thing i'm now wondering is.......

I get paid on a shift rate. Basically, they pay me for a shift and use the pictures i take however they want. We have no written contract between us. When i first started covering for them, i was told by the picture editor that as a freelancer, the images belonged to me.... but they've now decided that isn't the case and that they own the images outright. I have had a picture printed in The Sun this year and in a german paper... the pic was taken during a shift for the local paper. Do they have a right to give the picture away without my permission?

The amount of work i've covered for them, i would have a small income coming in just from stock pix, but they don't pay me any extra once they've paid me for the shift, or, the first payment for one pic if i do a single pic for them.

I've been fortunate that I've had the chance to work and learn covering jobs for the paper...it's taught me loads with regards to photography and working in a press environment.... and therefore, as it's my main source of income, i don't want to bite the hand that feeds i guess.... but just wondering what other people thought with regards to this?

All comments would be welcome..

Moeys Images

Flickr: Photos from MoeysImages

Regards,

Moey!

[SDC]

Hi,

in my understanding, if you were employed, as in actually on the payroll, then unfortunately the photos belong to the employer. You still have the rights to use them, but copyright is automatically assigned to them.

[nanoniff]

Hello, I work in picture editing. My last employer used both a staff photographer and freelance photographers. You need to firm up your contract. If you are staff and on the payroll then copyright is assigned to the employer - but you should still have a written contract. The lack of a contract does not protect you fully although it may give you a little leverage - are you using your own equipment or theirs? Do you use their offices? These are some of the factors which help to determine whether your situation is work-for-hire (employers own the copyright) or freelance where you own the copyright. If you are in fact freelance, then you need to agree to terms with them for the use and re-use of your work. For example my old employers retained full copyright for a period of 5 years during which time freelance photographers could only use their own material in their portfolios to get work. However, if images were sold to a third party during the initial 5 years the photographer was entitled to a significant percentage. After 5 years copyright was shared.

Hope that is of some help - you just need to confirm your employment status and get something binding in writing. Retrospectively, if your status is freelance and they've sold on your work to third parties without permission, they have infringed your copyright and owe you.