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From: edbook |
Date: May 12th, 2008 06:42 am (UTC) |
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'interesting question. I don't have an answer but do have an opinion:
chances are that if you were doing the arrangements as an employee the business owner owns the intellectual property for the particular arrangements and you were doing what is called "working for hire" Someone photographing the arrangements would need a property release signed by the business owner or someone representing them. Work for hire is not a good thing to do when producing a product because you are paid for labor only and are not the owner of the intellectual property (intellectual property in this case the act of arranging)
The photographer if making the images as part of employment, was working for hire too and isn't the copyright owner, his employer is.
If this is the case, the images are owned by the employer but there may be an agreement that the photographer be the copyright owner of any any images made during employment with the employer having license to use the images. I wouldn't think such an agreement would be common.
If the arrangements were your product and you were providing them as a contractor, then, you are the intellectual property owner of the arrangements (not the actual physical property) The photographer would need you to sign a property release for use of images produced unless for editorial use only.
a solution, and what is common use is for you to sign a property release for the photographer to be able to use the images and in exchange for the property release, he grant you license for their use for your portfolio. Usual identification for the photographer would be his name vertical in very small print beside the image (anyone wanting to know who the photographer was would be able to read the name but it shouldn't draw attention from the image)
If what I assumed about employment relationship wasn't right, then, what I said probably isn't correct... if I missed, I'll try again.
Peace
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