Freelance photographers - Standard contract
Where the University engages a freelance photographer to take photographs for a fee or any other benefit, the photographer, in the absence of any contrary agreement is likely to own the copyright in those photographs and not the University.
Further, if at the time the photographer was engaged the University informed the photographer expressly or by implication the purpose for which the photographs were required, the photographer has a right to restrain the University from using those photographs for any other purpose. For example, if the photographer was engaged to take photographs to be shown in lectures or to be published in a University's magazine, those photographs may not be allowed to be used for other purposes such as reproducing them on the Internet or incorporating them in a CD-Rom.
It is, therefore, vital to have an agreement with a freelance photographer to ensure that the University owns copyright in the photographs so it can use those photographs for any purpose. If you do not have such an agreement you will be restrained from using the photographs for other purposes.
A standard contract for the engagement of freelance photographers has been prepared by the Office of the Solicitor to the University which must be used whenever the University engages a freelance photographer.
For more information on this matter, please contact Legal Services for advice on 9479 2495.
This article provides general information only. It is not a complete or definitive statement of the law on the subject matter. Formal legal advice should be sought in relation to particular matters.