I am considering hiring a local student as an unpaid intern for help with shoots. My thoughts are that they would gain experience (and possibly school credit) while helping with carrying gear, holding reflectors and such. I am thinking of letting them take some photos to get the experience. After the photo shoot I would take my photos and their photos and place them on the website for viewing by the client. (The client would know that this is a photography student) I am thinking that I will give the intern a percentage of the profit if their pictures are chosen by the client.
My question is, I own the rights to my photos, and the client is signing off saying that I can post those photos on my website, but do I need the client to sign off for the intern as well or is it covered since it is my business and my intern? Also, when my intern leaves my company, they will be taking their photos, but what rights do they have to use these photos as a part of their portfolio?
Anyone have interns or students working for them that might be able to answer this?
2009-09-25T15:31:29Z
** I live in California **
Been Around Awhile2009-09-28T00:43:59Z
Favorite Answer
1. You aren't hiring anybody- you're soliciting a volunteer.
2. Photographers shoot. Assistants schelp gear, fetch coffee and lunch, are seen and not heard. Don't confuse the client, don't confuse me. If you assign a student assistant equal status what does that say about you? And if the client chooses their images rather than yours why do you even need to be there? But that's a self-regulating issue because if such is the case you probably just gave away your client.
3. Have the wording cover any and all photographs taken by you or your assigns on that specific day.
4. If you should actually HIRE the intern (which sounds unlikely) then their work will fall under the work-for-hire definition and you will own the copyright. Otherwise you may create such a relationship contractually if the intern isn't too bright and you aren't bothered by pangs of conscience. A contract does need to include consideration, so it's probably not going to be valid if you're using a volunteer.
5. Slipping them a ten spot is not hiring, and neither is writing them a check and telling them they must pay their own taxes out of it. That's called an independent contractor- like the photographer. Hiring someone means you withhold taxes, pay social security and unemployment benefits and hopefully provide health insurance and some paid vacation and sick days.
6. I wish I had chosen a field with more barrier to entry than a cheap digicam and a bootleg copy of photoshop. Photographers used to only have to compete with bad, cheap photographers who wore labels on their foreheads. Now we're competing with pizza delivery drivers, high-school sophomores, and their mothers.
Do you belong to a pro photographers organization? If yes they have in many cases an attorney on staff who can give you pretty good advise. Check out your local law as well. I believe interns are required to be paid in some states. If you work with schools in your area find out what there policy is on payment. In our area if the school finds the placement often they have specific rules which apply to the internship. If a student comes to you directly you might have more control. One thing you can do have them sign an agreement so there is no question to who owns the copyright to the images. It can state that the student can use the work he created for portfolio use only.
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I really don't think you go to college to be an intern. I think the purpose of being an intern is to learn about the job so you can know if you can/want to do it. I think after being an intern you can then become an assistant. I think. Someone feel free to correct me. ...Harvard? uh.. no. just no.