Who Owns What Now?

chuckinsocal

HI Gang,

In a nut shell, a client e-mails me a photo that he took. For a fee, I spend a considerable amount of time running it through Photoshop to make the photo really really pop on the clients web site and in his other advertising media, he downloads the finished work and uses it in his marketing efforts.

The question is: Who owns what rights to the finished work? It's his photo originally, but it was my time, effort, and skills that made it what it is now. I guess it qualifies as a derivative work, and if so, and absent a prior agreement, what rights to I have, if any, to a derivative work done at the direction of and paid for by the owner of the photo?

The shorter question might be: Can I publicly display the finished work and use it as an example of my work in promoting my business without his express permission?

Thanks.

Chuck Cannova
http://chuckinsocal.SmugMug.com

Angelo

it's his!

he had no reasonable expectation of giving up his rights upon hiring you so he wins out in this argument. besides, your work would fall under the "work-for-hire" category so he retains rights anyway.

if you want to display the image as an example of your work you should, SHOULD ask his permission first but if you do so in a clearly stated manner, never allowing for misrepresentation of who took the original shot you, and he, might be just fine.