Just wanted to see if anyone could help me out with this one... I have been asked to create a few albums for a couple from their wedding ceremony in Fiji and from their reception here in the states... they were extremely disappointed with both photographers and want me to put together their album and parent albums incorporating the photos from these photographers and retouch images. I told them that I will need a copyright release from these photographers in order to do anything. She has all high res images on disc (scanned negs from Fiji photog and digital from states photog) but she does not even know the name of the photographer in Fiji, nor did she sign a contract with either photographer. She is pretty sure she won't have a problem getting a release from the photog here in the states (and regardless of whether or not she had a contract I told her I wouldn't do it without the release), but if she can't locate the guy from Fiji (set up by the resort), does copyright law apply to him? I am really at a loss with this one since this was done in Fiji, she didn't sign a contract and she doesn't even know his name. I did ask her to contact the resort and see if she can find him through them and she's working on that. Can anyone answer this one for me? I'm inclined to do it for her providing she can at least get a release from the photog here, but I'm just not 100% sure about the Fiji photog.

why do you need a copyright release?

I'm going to be retouching their photos and printing them in 3 albums... and I didn't take them. Am I totally off base here? From my understanding, I need a copyright release... I'm just not sure if it applies to Fiji and especially since she didn't sign a contract. Are you telling me that I just need a reprint release? I would think that since I'm retouching them and creating a flush mount album, I'd need a copyright release.

A shameless bump, but also wanted to let you all know that I found some info that says works created in Fiji are covered by US copyright law. I'm still just a bit baffled about this decision considering she didn't sign a contract and was given the high res scans of the negatives with the understanding of a reprint release, but nothing in writing. I'm still pushing her to try to get in touch with him, but if she can't, what then? It's not like I'll be putting the images on my site or taking credit for the photos or anything - it's just for her album and parent albums. What would you do in this situation? I have a strong moral compass that has always swayed me against things like this, but I feel this situation is a bit unique and I feel more of an obligation to help her out than to uphold the copyright of some mystery resort photographer who didn't even give her a contract or contact info.

It sounds as though you have your answer already, Grasshopper.

Man, that dude gives me the creeps!

I've asked her to contact the resort in hopes of finding this mystery photographer and getting a release from him. I'm still not sure what I'll do if she can't get in touch with him though....... if I were the least bit suspicious that she wasn't being honest with me, I wouldn't touch it with a 10 foot pole. I also don't want to be put in the position to have to make that decision, but I do certainly feel for her and want to help her.

She contacted the resort in Fiji and this was the response she was given:

"Okay.. I dont think we have the same copyright laws as the US over here,

Anyways, you hired him to take the video and photos and so you have bought

the product.. they are yours.

Once I pay him (the photographer), he hands you the product .. that is the

video and photos.. and its your property to do what you want with it.

Thats my understanding"

So, it sounds like we're good to go there. This photog doesn't even have the negatives - he gave them to the couple. I did the research and according to copyright laws it does appear that they (copyright laws) do apply in Fiji, but whatever. Now as long as she gets the release from the photog here, we're good to go.