Legal Question in Business Law in California

Ownership of Marketing Photographs

My company paid a free-lance photographer to take photographs for our marketing pieces. These included product photos and picture business cards. He now is claiming that he never signed a release for the rights to the images therefore, he is the owner of the images. He is now asking us to pay him additional monies to buy the images rights or claims we have to cease using them in any future marketing pieces.

My question is, who owns the rights to these photos?


Asked on 4/05/04, 12:25 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Ownership of Marketing Photographs

The answer likely depends on the wording of the contract you signed, if any. Ordinarily, his photographs would probably be deemed "works for hire" and the law would recognize your business as the copyright holder.

Such a result is also what any reasonable person would expect; the photographer could not have believed he was taking the pictures for a photo album.

If you signed a contract that says he retains the rights, then you may have a problem. This is why it is important to read contracts carefully before signing them.

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Answered on 4/05/04, 12:30 pm


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