You are quite right that "In the US the photographer has the rights to the photograph, ..." However. it is my understanding that is definitely NOT true if the pictures are taken on a "work for hire" basis. If the pictures are done on a specific "work for hire" basis, and that is agreed to before the taking of the pictures, then all copyright(s) remains with the artist. The artist should be very careful to have an agreement that states specifically that (1) The pictures are being taken on a "work for hire" basis, and (2) The copyright of all items, the original artwork, AND the photographic images, is retained by the artist, and (3) The artist should insist that all images, including prints, digital files, negatives, transparencies,and all test versions of the aformentioned be delivered to the artist. In other words, unless a prior agreement is made, the photographer shall not retain *any* materials after the photographic session is complete (unless that is the specific desire of the artist to have the photographer maintain an "archive" for him/her). The key phrase is "work for hire." It has a specific meaning in the copyright field. ----- Original Message ----- From: "Emily L. Ferguson" <elf@xxxxxxxx> To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxxxxxx> Sent: Wednesday, February 16, 2005 3:17 PM Subject: Re: A question about ownership of an image > At 11:29 PM +0200 2/16/05, Veli Izzet Cigirgan wrote: > >Hi all, > > > >My wife is a watercolor painter. > > > >Somebody wanted to use one of her nude waterpaintings on a catalog > >for her beauty and fitness saloon. Of course she will be using the > >photograph of the painting, not the painting itself. > > > >Question: Who has the rights to the photograph of the painting? The > >painter or the photographer? (This question is only technical for > >this case, but what happens if I go and photograph a painting from > >any exhibiton?) > > > >Regards, > >Veli Izzet > > > > In the US the photographer has the rights to the photograph, but your > wife should have a contract with the photographer which specifies > what the photographer may do with the photograph. If the > photographer does not offer a contract, draw one up yourself and > insist on negotiating it with the photographer. If that photog won't > negotiate, find another photog. > -- > Emily L. Ferguson > mailto:elf@xxxxxxxx > 508-563-6822 > New England landscapes, wooden boats and races, press photography > http://www.vsu.cape.com/~elf/ > >
