Legal Question in Intellectual Property in California
Copyright Ownership of Photographs
I was retained by a company to "produce" a corporated brochure (Design, Photograph, Color Separations, Printing, etc). I interviewed various photographers for the location photographs and hired a well qualified person. The photographer's retainer and subsequent final bill were paid by the client. The photographer was hired by me as my "technician" much as a writer hires a typist with all photographs coming to me as the producer of the final product. The photographer was directed by me as what to photographs were to be taken and their specifics. The brochure was printed and delivered but the client never finished paying the design fees. The client asked for the photographs to be returned as they had "paid" for them. I argued 2 points; 1) a lien on property because of overdue balance and 2) the client did not own the images nor the copyright as I was the author of the images and they had already received the end result of the project.
Must the photographs be returned? Who owns the copyright?
1 Answer from Attorneys
Re: Copyright Ownership of Photographs
You must return the photographs as they are the property of the company. You cannot hold them until you get paid. However, if they owe you money on a contract that you had with them you can sue them for unpaid fees as well as attorney's fees and costs in bringing the case against them. If and when you receive a judgment against them and they pay you must then turn over the finished product to them. If you need additional information or help recovering your fees please feel free to contact my office at 888-563-8529. I look forward to speaking with you.
John Hayes
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