Expert: Don Wood - 4/14/2005

Question
I work in a conference center and do most of the photography for the center and of events held there. We have had a up and coming gospel group perform there and are now using my pictures of them on their website. They have not asked my permission to use the pictures or talked to me in any way about usage of the pictures. Their newest album cover started out being one of my pictures till they got word that I owned the picture and they should get in touch with me before publishing the album. What are my ownership rights of these pictures?

Answer
Anybody that takes pictures are automatically protected from unwarranted usage such as you describe. You'd be in your rights to demand that they repay you for using the pix on their website.  It is a two way street, you must have a model release from each of the recognizable people to allow you to use the pix in other ways. You are protected by the copyright law. However, just to be extra-cautious, I'd go to the library to find the address of government agency where you can register your pictures.
That being said, did you take the pictures in a professional manner and represent yourself as being the photographer for the center. It could be that they thought that you were just a fan taking pix and they didn't think about the ramifications of using the pix on the website.
I'd approach them in a kindly manner, telling them of your rights of ownership and asking that if they wish to use the pix on the website that they give you a full credit line. You could negotiate for a price at this juncture. Chances are that they are new to the genre and are unaware of the ins and outs of publicity pictures.
I hope this helps. Just remember that anybody that takes pictures is entitled to the ownership of those pictures even if they are not doing it in an official capacity. You must give permission for them to use the pix for other uses than showing to friends. It could be that they might point out that you are hired by the center to provide the photography and that the center is the owner. You could ask the center if they'd back you up on this.
Thanks for asking.