Legal Question in Employment Law in California

I'm hiring a fitness model to photograph and videotape herself for a mobile application. She will be the sole photographer/videographer. There will be no one else assisting.

I want to own all the copyrights to the photographs and video. I have a very thorough

Work for Hire - Assignment of Copyrights Agreement. My question is do I need a separate independent contractor agreement? It's stated throughout the

Work for Hire - Assignment of Copyrights agreement that the person is acting as an independent contractor. I�m also aware that I will need to obtain a model�s release and will be doing so. Thanks.


Asked on 1/03/10, 12:02 am

1 Answer from Attorneys
Owen Seitel Idell & Seitel, LLP

Typically in such situations the independent contractor and work-for-hire aspects are all covered in one document. In the situation you outline that same document may also include a publicity rights release. You indicate that the model and the photographer are the same person - your document should also include a representation, warranty and indemnity in this regard and a rep/warranty stating that if another person is involved in the shoot they will execute a substantially similar document (perhaps without the publicity rights release if they are not appearing in the photo/video.

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Answered on 1/08/10, 9:08 am


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