Hello ladies!

I'm getting a lot of photos taken next week by a professional photographer who specialises in glamour, nudes, escorts etc. I wondered how I am to ensure he cannot legally do whatever he likes with my photos? A written contract isn't really an option as I'm trying to keep costs down. Does anyone know the law about this sort of thing? What do you ladies do? I've looked up online that verbal agreements really hold a lot of weight legally, and have considered setting a dictaphone down on the table and being all "State your name. State that you won't do anything with my photos without permission, regardless of whether or not you attempt to give me your fee back. This is a verbal agreement." I know I sound nuts but I haven't a clue what to do!!

Maddie

The law (broadly) is that the creator of any intellectual property owns the copyright to it (whether it's a book or written article, painting, photograph or whatever) and unless they formally sign over that copyright to you and relinquish all claim, they can do whatever they wish with it because it belongs to them. You can draw up whatever agreements you want on paper, but nothing bar that will alter that ownership.

Therefore, the only way you can be assured of full ownership is to take them yourself. Works for me .

Thanks Amy! I think then that I should really look into the photographer signing the rights over, expensive or not. Unfortunately I am so terrible with taking photos even if I did have a camera, and I want a good background which I can't really provide either!

Well, I just called the photographer and he says that as I'm paying him to take the photos I own the copyright to the photos, and made some differentiation between models and a private client but I've looked it up online and apparently the law says I only pay for the service of taking photos, not copyright. I feel like he's well dodgey now or clueless! That said, he said he was happy to sign something so he can just sign what my solictor will draw up for him or I'll be cancelling!

He's an idiot. And he is wrong.

Luckily, it sounds like you'll be able to use both facts to your advantage, provided he at least knows which way up the camera is supposed to go .

Totally right Amy!

If someone who is allegedly a photographer doesn't fully understand copyright laws, I'd be cautious about trusting him to do a professional job. Waaaay to many weekend warriors out there who think an expensive camera will do it all for them. It won't.

Natalie xXx

Oh ladies, I just don't know what to do! His work is very very good and at an affordable price, but I want them done ASAP and this whole sign-over thing wouldn't be sorted in time for the shoot. I don't trust him to be a simple idiot, I'm suspicious of everyone. I think calling him back, explaining the law to him, and either cancelling and finding the money for photographer on the SAAFE recommended list or postponing it dependent on sorting out paperwork would be the best way forward... Wish I could just take the risk but wouldn't be worth it!

I just spoke to him on the phone, and told him I'd called my solictor for advice (a little fib) and he said something about a lot of clients not understanding the law (although I'd mentioned a solictor explaining it to me), whined at me for having booked me in and lost work now (which I did apologise for), said he'd been photographing escorts for years and just wants to do his job and that I'm really paranoid for wanting the copyright and also for when I'd mentioned to him before that I'd be bringing a friend with me to the shoot! Said he'd never work with me again anyway. Translation: I'm actually kinda slimey, you should be glad to be rid of me!

Hello ladies!

I'm getting a lot of photos taken next week by a professional photographer who specialises in glamour, nudes, escorts etc. I wondered how I am to ensure he cannot legally do whatever he likes with my photos? A written contract isn't really an option as I'm trying to keep costs down. Does anyone know the law about this sort of thing? What do you ladies do? I've looked up online that verbal agreements really hold a lot of weight legally, and have considered setting a dictaphone down on the table and being all "State your name. State that you won't do anything with my photos without permission, regardless of whether or not you attempt to give me your fee back. This is a verbal agreement." I know I sound nuts but I haven't a clue what to do!!

Maddie

Photographers keep the original photocopies making others copies. I know this after some show me samples of their work. 

Quote from: MaddieMoo on 10 May 2013, 06:15:48 pm

I just spoke to him on the phone, and told him I'd called my solictor for advice (a little fib) and he said something about a lot of clients not understanding the law (although I'd mentioned a solictor explaining it to me), whined at me for having booked me in and lost work now (which I did apologise for), said he'd been photographing escorts for years and just wants to do his job and that I'm really paranoid for wanting the copyright and also for when I'd mentioned to him before that I'd be bringing a friend with me to the shoot! Said he'd never work with me again anyway. Translation: I'm actually kinda slimey, you should be glad to be rid of me!

Well done!

Great stuff!! Bring on the girl-power 
A really good question/post and the thread is sooooooooooo informative for others.
Totally highlights how great and useful this site is for us working folk.
XX