Sep
03

Legal Question: Who owns copyright to wedding photos & video, the client or company who took them.?

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I was part of a company (Biz-A) who offered DJ, photo & video. I left the company and continued to use the materials from Biz-A to promote my new company (Biz-B). The materials I’m using were from clients that I booked for Biz-A and are pictures and video me entertaining those clients. If the client in the videos & photos from Biz-A agree to allow me to use their videos & photos to promote my company Biz-B, can I be liable for copyright infringement? Does the company who took the photos/ video own the copyright or does the client who paid for their services. In the contract the client signed, it does not state anything about the company owning the pictures. Thanks.

"In the contract the client signed, it does not state anything about the company owning the pictures."

It doesn’t have to. The copyright to a photo or video belongs to the person who took it UNLESS there is clear contractual language to the contrary. That’s why wedding photogs do not put "we own the copyright" into their contracts, so that the client doesn’t argue about it up front.

Richard

Comments

  1. Roseby says:

    If the company does not claim to own the pictures, the pictures are owned by the party who purchased them.
    References :

  2. wendy c says:

    standard..
    the photographer (business) owns them.
    Try copying a professional wedding photo at Walmart, and they will explain this.
    The client has no right to authorize you unless the company specifically signed their rights over to the client.
    References :

  3. rickinnocal says:

    "In the contract the client signed, it does not state anything about the company owning the pictures."

    It doesn’t have to. The copyright to a photo or video belongs to the person who took it UNLESS there is clear contractual language to the contrary. That’s why wedding photogs do not put "we own the copyright" into their contracts, so that the client doesn’t argue about it up front.

    Richard
    References :

  4. H4 says:

    The company does unless the contract says anything to the contrary.
    References :