Yearbook photographer copyright question

JC Imagery

I'm not sure if this is "business", but it seems like it. My teenage daughter is a high school yearbook photographer. She uses her own Nikon D300 camera and our 70-200 lens for shooting soccer and our fixed 50 for shooting volleyball. The games are after school and she has her own transportation. During school hours she uses the same camera, one of our cheaper lenses, and takes photos of goings-on at school. The school sells some of the yearbook photographers photos online to put money back into the yearbook program.

Now for the question: Does she own copyright of these photos? It seems logical that she does for sports (her own equipment, her own time), but what about during school (her own equipment, but school time)? There hasn't been an issue and I don't forsee one, but it's just one of those niggling questions.

Sam

Unless there is a specific contract to the contrary, she owns the copyright.

Sam

JC Imagery

Sam wrote: »

Unless there is a specific contract to the contrary, she owns the copyright.

Sam

Thanks. That's what I thought, but I didn't know if the part about her photographing during school would be some sort of "work-for-hire" thing. Like I said, I hand't had any issues and don't think any are going to happen. It's just one of those gee-I-wonder thoughts.

johng

Well, it also depends on what "contract" is in place for yearbook photographers. You would have to look at what documentation exists regarding participation in the yearbook staff. There may very well be a rights grab in there somewhere. Again, it may not be a specific contract she signed - I would suggest looking at any documentation that was provided when she signed up for the committee. For example - when you submit photos to many newspapers for their websites, most do a rights grab. I wouldn't be surprised if there isn't something similar for a yearbook.

But, you also mentioned the school selling. Even if your daughter retains copyright, that doesn't mean the school can't sell her work if there is an explicit or implicit granting of perpetual use, etc.

For example, a newspaper I used to freelance for - part of the contract was they were allowed to sell photos produced from images I provided. I was also allowed to sell photos and I retained copyright.

But, back to the point, if you really want to know - start looking for documentation from and about the yearbook or even student handbook. There may be verbiage around rights involving content submitted for yearbook without you or your daughter actually signing anything.