In general, when the shutter on a camera is tripped to make a photo, the photographer who pressed the button owns the copyright. But photographers often work with others when making their photographs, such as the art director, stylist, assistant or even the Photoshop editor. So does that person get to share with the photographer the copyright of the photograph? It depends.

Unless it is agreed to in writing, if the work done by the other person would not qualify on its own to be copyrightable -- such as when the art director has the "idea" ? to place the model on the hood of a red car -- then the copyright is not jointly held. Neither will a copyright for a photograph automatically be deemed shared even though the contributors intended to create a "unified" ? work. Note that these rules do not apply to the "work for hire" ? scenario or when you are transferring a copyright.

Instead, for a photograph's copyright to be jointly held with someone other than the photographer, both the photographer and the contributors must have intended at the time the photograph was made to be joint authors. Specifically, the Copyright Act of 1976 states that a joint work is "a work prepared by two or more authors with the intention that their contributions be merged into inseparable or inter-dependent parts of a unitary whole." ? This question is important because when you share the copyright of a photograph with others, you have to agree on how it is to be exploited or licensed, and you must share the profits.

Regardless of the law, though, a contributor to your photograph still may make a claim for joint copyright ownership of it. While you should be able to thwart those efforts, it can cost you time and money and create ill will. So be sure that any documentation that you are required to sign for a job clearly gives you sole ownership of the copyright. And when you hire assistants for your shoot or for Photoshop editing, put it in writing with your assistant that you retain sole ownership of the copyrights regardless of the work performed.

Take my advice; get professional help. PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn’s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.