In September 2009, Paolo Pizzetti sued Annie Leibovitz and LavAzza coffee for copyright infringement alleging that Leibovitz and LavAzza used one of Pizzetti's photographs in the 2009 LavAzza calendar without permission. According to Pizzetti, LavAzza hired Annie Leibovitz to photograph the calendar. Leibovitz allegedly contacted Pizzetti to scout various locations in Italy for the photo shoot. According to the complaint, Pizzetti photographed several Italian cities, and sent Leibovitz digital images of the photographs. Pizzetti asserted that instead of traveling to Italy to independently shoot images for the LavAzza calendar, Leibovitz and LavAzza used one of Pizzetti's images in the LavAzza calendar and credited the photo to Leibovitz. Pizzetti believes that Leibovitz and LavAzza copied the photo authored by Pizzetti and edited it by superimposing models in post production, creating an allegedly infringing derivative work. The parties have worked out a settlement, the terms of which have not been disclosed.
TIP: Even if you hire and pay someone to create copyrighted works on your behalf, you likely do not have the right to create derivative works of the copyrighted work unless you have obtained a written assignment of rights or a written license.