I have a question and after searching the web forever I have gotten closer to an answer but need some direct insight.
I was hired by a production company to shoot a concert for the Eli Young Band and their openers. There was no photography contract between the production company and the bands. The purpose of the photos is to promote what the production company can do by way of timel apse and general concert photos(wid/tele).
I am under the impression that I would own the photos unless my contract with the production company dictated they were the owners of the photos(it didnt).
We(the prod. company and I) are getting ready to post the photos online but we are concerned the band may say they own those rights. While this sounds crazy there are many cases of this happening in the past.
Amist all the hustle, bustle and whining about how great the 7d2 should have been or will be if anyone can give me some insight it would be awesome.
First, I'm not a lawyer, and you shouldn't take legal advice from some guy on the Internet.
In the absence of a contract (in some cases an oral contract may be sufficient) the "author" is the person who exercised creative control of the creation of the photo, and that person owns copyright. Usually that's the person who frames the shot and presses the shutter. There are some technical nuances, but if you were an event photographer and were doing what event photographers do, then you probably have copyright.
That said, the band may also believe that there's an agreement (contract, written or oral) that licenses the photos to them. Think carefully about any agreements you made, such as "sure, you can use that," etc. If you've made no such statements, and were photographing with permission, then you own the copyright.
Finally, even if it's clear that you own the copyright, what you do with those images may be limited. Without a contract, you can't use them for commercial (promotional) purposes.