assistants- sign release of some sort?

HeatherHahn · #1 09-14-2006, 01:23 PM

I have a new assistant (second shooter) working alongside me at my wedding jobs. He has his own equipment but is shooting images for my company, i.e. to be given to the customer. I know I need some sort of relese for him to sign (giving me the right to use his images under my company name, and the right to provide them to my clients). Do any of you have such a document you've had your assistants sign, and would you mind providing me a copy? I'm afraid if I wrote something up on my own it wouldn't have the correct "legal" wording or I would miss something.

DouglasUrner · #2 09-14-2006, 02:12 PM

This must come up all the time in the wedding business, perhaps the PPA or some other wedding photographer's trade group would have sample agreements.

One thing that I'd suggest is trying to find a balance between your interests and the assistant's -- for example the assistant would probably want the rights to use their work in their portfolio and other marketing. If you start off trying to look at the agreement from both sides the whole process is likely to feel better and I'd wager that in the long run it will work better too.

Doug

LarryRyder · #3 09-14-2006, 03:58 PM

As I understand this is automatic if it is an employee. If it is not an employee there are many issues.

DouglasUrner · #4 09-14-2006, 04:01 PM

Double check on the employee thing, and don't forget that there is a ton of baggage that goes with having employees -- as opposed to independent contractors who are working with you on the job. This is a place that you really want to get right, there is the potential for some very unpleasant consequences. Things like workers compensation insurance and liability in case of accidents, etc.

Doug

HeatherHahn · #5 09-14-2006, 05:56 PM

He is not an "employee"... I assume he is more of what you term an "independent contractor". Right now he's interning but after a few more gigs together, I plan to offer to pay him (on a per-job basis) to stay with the company. I want to make sure I DON'T have to offer workman's comp, etc... as he will only be assisting on a per-job basis. Do I need special insurance if he's an independent contractor?

EricC · #6 09-14-2006, 06:25 PM

Heather,

The PPA does indeed have a contract that covers work for hire and copyright assignment as well as non-disclosure of confidential information that your intern may have access to in the normal course of doing business with you. PM me if you want or need a copy, it is in pdf format.

Eric

DouglasUrner · #7 09-14-2006, 06:27 PM

I think you'd be wise to check about the insurance. Your agent should be able to give you one take on it, but it might be wise to ask your lawyer as well.

Around here most photographers expect their assistants to have a business license and submit an invoice for any work that they do. Another test is that an independent contractor will have many clients. I think the reason is because assisting job tend to blur the independent contractor line as it is, so you want to keep things very clean.

The way it is "supposed" to work with independent contractors is that you tell them what needs to be done and they decide when and how to do it. That model doesn't work so well with photo shoots, so you need to take other steps to ensure that anybody who comes asking questions can easily see that the relationship was not one of employee / employer.

Doug