Rights over product photography


26 Mar 2007 11:59AM
Hi all, this has probably been discussed many times before however i would appreciate any guidance on rights over images.

Scenario:

Shortly i will be photographing some products within a shop and i will also been designing her flyer on which the images will be presented.

I will be charging for "The Shoot" and printing of the flyer.

After the job is complete who owns the images? I might like to use them for future advertisng material.

Thanks
Ian
Slaterm 15 496 1 United Kingdom
26 Mar 2007 12:30PM
you will own copyright unless it is an express term of contract that shop owner does

as regards using the images again, you have to be careful. If the way in which images are used by other customers has detrimental effect on her business and she hasn't signed a broad model/property release then she could sue your customer (not you)

If she has a registered trademark and your image is mainly made up of that trademark/logo then you could end up in court, but only if you use the image for financial gain. You could post it in gallery on EPz but couldn't sell it through a librbary etc unless you pay the owner of the trademark for permission to do so.

Hope that helps - can recommend "the photographer and the law" - is a good summary of a complex area - often a misunderstood and misquoted one
26 Mar 2007 12:40PM
Thanks for the advice, the imagery will be of random stock items in the shop and should not affect the issue of Trademarks etc.
Slaterm 15 496 1 United Kingdom
26 Mar 2007 12:56PM
glad could help

might be an idea to ensure that she is aware of what you are planning to do with the images in future.

all problems arise largely because of lack of communication. Make it part of the negotiations and if you feel like being really safe, write your agreement down. No better of evidence of agreement than a signed one! Signed contract setting out what you plan to use the images for would amount to a "release"
Tooth 16 5.8k 227 Ireland
26 Mar 2007 5:10PM
you don't say what the products are, if they're made and owned by the shop, or of they're bought in. If they're bought in and have their own brand identitities, this quandary I found myself in might be of intrest. In the end we had to pull the poster because of the chance of being pursued by any of the brands involved. As I say, might not be relevant to you, but food for thought..

Stephen

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