Legal Question in Intellectual Property in California
Use of photographs, taken while assisting another photographer, for my portfolio
I assisted a wedding photographer from April until
October 2002. She gave me permission to use
anything I shot in my portfolio, and as long as the page
couldn't be viewed by the general public, I could also
post them on my website. She has now reneged on
her promise and is saying that I can't use any of the
images I shot while working with her, since they're her
copyrighted images and she or her clients could sue.
All images are accessed only if you know the site
address, which she obtained by pretending to be a
bride interested in my work. I did not sign any
agreements - everything was verbal. Can I still use the
images?
1 Answer from Attorneys
Re: Use of photographs, taken while assisting another photographer, for my portf
Probably not. Generally, a copyright owner (the photographer, in this instance) has the sole right to distribute his/her work (a right that is often licensed to others). Sometimes, where there is a collaborative effort, the copyright holder may grant employees the right to use the work in their portfolios, but this is generally done in writing. Without a written agreement stating this, you would have a difficult time proving that your use was granted by the copyright owner.
In my practice, which involves primarily motion picture productions, the production company will often grant permission for the director, cinematographer, etc., to use short clips on their "reels" (portfolio compilation of film work). This is, however, negotiated and not automatic. The contract provisions for such use always contained very specific terms of the use and significant limitations.
You may want to negotiate with the photographer for limited use of certain specified images.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
