Legal Question in Intellectual Property in Tennessee

I was hired by a performer who is doing a show at a particular theater in tennessee to take some photos for his brochure. He paid me not the theater. I took them with the theaters camera. It has come to my attention that those photos have been uploaded to the internet and placed in advertising for the theater.. not the guy who has the show.

It is my understanding that those photos belong to myself as the photographer and to the guy who paid me to take them. NOT THE THEATER or the employee of the theater who put them on some cars and buses and or uploaded them to the internet.

Is this true??


Asked on 9/12/09, 6:09 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I take it you did not have a contract with the performer? If you did not have a contract reserving some of your rights to the photos, they were a "work for hire." This means, that the person who hired you and paid you to take the photos owns the rights to them, and he can authorize whomever he wants to use the photos.

Next time, you will know to have a contract which specifies which rights you are selling and which rights you are reserving. (this would be a copyright licensing agreement, for future reference)

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Answered on 9/14/09, 11:44 pm


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