Bottom line: When you shoot, you are in business and companies need contracts. Whether you`re writing it or writing it, make sure there`s a clear statement about who owns the copyright to the images produced. If the contract is silent, write it in yourself! Act ahead and you`ll never have to call my office to have a bad "job for rent" experience! However, if the photographer acts as an independent contractor, a work is only a work for rent if (1) there is a written agreement between the parties stating that the work is a rental work, (2) the agreement is signed by both parties, and (3) the work between one of the following nine categories: 3. For any of the above to matter, a written agreement must also be made that clearly states that your work was "work for rent" (or "work for rent"). It is recommended that you sign the agreement before work begins. Photographers can still protect themselves if they act as independent contractors (or even employees) by having contracts that explicitly state that they retain the copyright in all the works they create. Keep in mind that the contract almost always controls the nature of the rights between the parties. If the other party provides a contract, also remember that you don`t have to sign it if you don`t want to and it`s still negotiable. Second, contract work must fall under one of nine specific performance categories.
And that`s where it gets confusing. Often, companies enter into a "work for a fee" contract only to find out that the project does not fall into one of the nine categories and that they do not really own the copyright. These nine categories are as follows: Categories 2, 3, 6, 7, 8 and 9 are explicit and unlikely to apply in this photographic situation. The others, numbers 1, 4 and 5, deserve an explanation, because depending on the situation, they could be applicable to this photographic example. A work may be considered a work for rent if a photographer is acting as an employee or as an independent contractor, but there are differences depending on the type of employment relationship. Therefore, before describing the differences in the application, it is important to understand the difference between an independent contractor and an employee from a legal perspective. A "commissioned work" can also be created when a person has someone (e.B. Photographers) to create the work for them. There are two requirements for this exception. Unlike a "work for rent"," an assignment does not necessarily last the entire term of the copyright.