(NEW) Copyright Infringement question

[illisa]

My wedding photographer says that I cannot post copies of my wedding pictures on the interenet, claiming that he retains the copyright. There is no clause in the contract (in Texas) that states who holds the copyrights. From my research, it seems that this is a "work for hire" situation. And since I am the employer, I own the copyrights. Is this logic reasonable? Am I missing something?

Thanks

 

[ALawyer]

If he has the copyright, he can control the works. Read the Copyright section on FreeAdvice.com.

One approach, that bears some element of risk, is just post it and if he finds out let him sue you and have a judge or jury decide.

If it was your understanding that you would own the images, and especialy if you told him you planned to post them on the Net, you may win. Or he may be bluffing.

But get a lawyer to counsel you locally before you do as if it comes to litigation, you'd best be prepared and fully understand the consequences. Obviously this is all about money -- he wants more (as photographers traditionally make their money by people ordering copies and NOT the taking of pictures. By getting him to name his price to relinquish his rights should limit the possible damages he may recover later.

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To retain a lawyer, I suggest you go to http://AttorneyPages.com which is endorsed by the Association of Trial Lawyers of America. This response is intended as general information only and NOT LEGAL ADVICE. As you are not my client I have no obligation of any kind to you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Actually, with most wedding photographers, they hold the copyright and the negatives. You have the copies.

As long as you are not profitting from these pictures, you can post them wherever you like. See, you purchased the prints from the photographer and that falls under the first sale doctrine. This means essentially you can do what you like with them, as long as it does not interfere with his copyright.

As to work for hire, wrong. It is not that clear cut and actually, look at your contract with him.