Who owns the copyright of a retouched file?

berko1021 · #1 01-17-2008, 08:38 AM

I did some retouching for a client recently and have not yet been paid for my work. This is a client that I know from years in the business so I trusted him and released the hi-resolutions files to him before I was paid. It has been a few months now and I haven't been paid yet. If he hired me to do retouching on his work (I have all his emails to prove that he hired me), do I own any part of the new retouched image or does he still have full copyright? If I have any part of copyright if the new retouched image, I can at least tell him he doesn't have my permission to use the images until I get paid.

berko1021 · #2 01-17-2008, 09:13 AM

I did some retouching for a client recently and have not yet been paid for my work. This is a client that I know from years in the business so I trusted him and released the hi-resolutions files to him before I was paid. It has been a few months now and I haven't been paid yet. If he hired me to do retouching on his work (I have all his emails to prove that he hired me), do I own any part of the new retouched image or does he still have full copyright? If I have any part of copyright if the new retouched image, I can at least tell him he doesn't have my permission to use the images until I get paid.

cricket1961 · #3 01-17-2008, 09:18 AM

Sorry Brian. You are out of luck. Your client has rights to it. Or at the least the Photographer if the client was not the client.

Chris

Swampy · #4 01-17-2008, 10:00 AM

Berko, It's not necessary to post your message in more than one thread. Most folks around here look for new posts and they will see it.

Doug Nelson · #5 01-17-2008, 11:08 AM

The original copyright holder owns and retains all rights unless there is a formal transfer or release. But whether they use the image or not, they owe you and you can turn them over for collection.

pixelzombie · #6 01-17-2008, 11:43 AM

from what i have been told by another freelancer, unless he gave you a PO(purchase order) you don't really have much legal recourse...

pixel_monkey · #7 01-17-2008, 02:17 PM

Maybe he just forgot about it? I didn't receive payment from this photographer for over two months. I sent him a reminder with the original invoice attached and he paid me the very next day. Send him a reminder first before you start to confront him.

KR1156 · #8 01-17-2008, 08:08 PM

friend of mine has a discalimer on every invoice, stating an 18% penalty for invoices that are not paid on time....clients hit the roof when he resubmits his freshly updated invoice with penalty fees. but not 1 has never paid him immediately right after getting that new invoice!!!! but he normally drops the fee, making the client seem like they got a break.

Alison · #9 01-22-2008, 05:00 PM

I do remember reading somewhere, but don't ask me where

, that the retouching work is 'your' work, and therefore copyright to you. The 'original' image may well be copyright to your client, but any work that you did is copyright to you. I would contact the client and remind him or her that you have not received payment, if non is forthcoming and you can afford to see a lawyer to find out your rights, then do so. In the meantime, I will try and remember where I read about retouching being copyrighted to the retoucher.

berko1021 · #10 01-24-2008, 07:46 AM

Thanks for all your help. I have sent the invoice many times and he is not answering my calls. It looks like I learned my lesson and will no longer release any hi-res files before being paid. I guess there are clients like that in every business.

Swampy · #11 01-24-2008, 08:40 AM

If he owes you enought to make it worth your time, have your lawyer write a letter to him sent certified mail with return receipt. If he understands that you take your work seriously and expect to get paid, he may reconsider.

I've only had to take 2 people to small claims court in 30 years of business. Both were for small amounts of money, but it was the principal of the thing. I won both cases. One claim was only for $80 worth of artwork plus interest and court costs. Ended up collecting $235. The other was a realtor (President of his local Board of Realtors for heaven's sake!) who owed me abut $200 for an order (rush of course) of 500 imprinted balloons! I won the case in court, but he still refused to pay, so I filed a lien against his business.