Photography Contract Question

[MichiganBob]

Michigan

I provide photography to a major corporation in my area. I sign a Contract Services Agreement (a work for hire agreement) and for each project I have to sign an additional "Schedule A-B-C" for that specific project (Description of services, compensation, etc) and an "Assignment" form for each project that assigns ownership to them. I notice that most of the time the Buyer backdates the Schedule ABC to when the the project was first discussed but I always sign with the current date (I am not sent the paperwork until after the project is complete). There is often a 2-4 week difference. I read somewhere that all such paperwork is supposed to be signed prior to the production of the work and that I would legally retain the copyright to my images if this is not the case. Can anyone shed some light on this for me?

Thanks for your help!

BobWhat is the name of your state?

 

[The Occultist]

Are you asking that if you were to not sign the form until after you took the photos whether or not you would own them?

 

[quincy]

The answer to your question really depends on the terms of your work-for-hire agreement, but in any work-for-hire agreement, it is the employer who controls the copyright to the work. The corporation should be having you sign this contract (the work-for-hire agreement) prior to any work being done.

The typical work-for-hire agreement assigns all rights to the works created over to the employer upon completion, without any additional "assignment" form necessary. Once the work is completed, the employer owns the copyright to the work. And you would be compensated for your work as agreed upon in the contract.

Some work-for-hire agreements, however, are written saying that the employer is given the first right to the copyright (or sometimes the first right of publication), when the work is completed. In these agreements, the copyright to the work remains with the creator of the work, although the creator is not free to exercise those rights until the work-for-hire agreement ends and the employer exercises his first rights to the work. This type of agreement allows the employer to review the work after completion to see if it meets his needs.

If the employer chooses to retain the copyright, as agreed to under the work-for-hire contract, the copyright is then fully assigned to the employer with an additional assignment form. If, however, the employer decides not to purchase the rights, this leaves the worker with all rights in the work and free to market his copyrighted work to others.

The Schedule A-B-C apparently outlines your compensation for the service you are providing. The general practice with assignments is that you would be compensated based on a day rate and on any expenses you incurred during the course of the project. Dating the A-B-C to the time of first discussion is to your benefit, as you will be compensated for the time spent discussing the project, as well as for the time spent working on the project itself. By signing the agreement, even with a different later date, you are agreeing to the compensation terms of the Schedule A-B-C as dated on the form, and it is the date on this A-B-C that will matter when it comes time to compensate you, not the date you signed the agreement.

You are not sent this paperwork until the work is completed, because it is only when the work is completed that the compensation can be calculated. You should have, in your work-for-hire contract, however, the basic terms of compensation that you agreed to when you signed the contract.

 

[MichiganBob]

Thanks for the input. I'm a little confused by the terms employer and corporation. I am self-employed (incorporated) and I deal directly with my clients. I did sign a contract with this company around 5 years ago. I was also wondering if they should be having me renew the contract every year. So, as long as a contract exists that was signed before the work was done the dating of any Schedules or Assignment forms doesn't affect the copyright. Thanks again.

Bob

 

[Zigner]

It seems to me that if you sign a contract agreeing that all works produced related to said contract become their property, then it really wouldn't matter what date YOU put. By signing, you agree that all the works you have created for that job are theirs.

 

[quincy]

I understood that you are an independent contractor or self-employed, hired as a photorapher for this corporation or client. I am sorry if I wasn't clear when I said employer/corporation. Your client is hiring you, so the client, in essence, becomes your employer. In your case, the client is the corporation. I was using employer and corporation interchangeably.

But your understanding of what I said is correct. As long as there is a contract prior to work on the project saying that all rights in the work belong to the client upon completion, the person/corporation/employer/client would own the copyright to the completed work, and the other forms signed after that do not affect the original contract.

A renewal of the contract would not be necessary if you still agree with the terms of the original contract, although you can always renegotiate the terms.

 

[Zigner]

But your understanding of what I said is correct. As long as there is a contract prior to work on the project saying that all rights in the work belong to the client upon completion, the person/corporation/employer/client would own the copyright to the completed work, and the other forms signed after that do not affect the original contract.

My point is that, if a contract is signed AFTER the work is performed that says the client owns the work, then the client owns the work.

 

[quincy]

Oh. I understood what you were saying, Zigner. I was clearing up for MichiganBob what I had said. Your post was clear. Mine, not so much so.