Nikon Rumors Forum

where there’s smoke there’s forum fire

1. 

   BigBro_FAC
   

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   Joined: Oct '10
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   Hello guys,

   I know there are a number of posts/topics on Copyright, but I couldn't see anything that could answer my query.

   Recently, I have been asked by my local community to become their "Official Photographer". But they suggested a strange "arrangement" with the pictures.

   Essentially, they wanted to keep the copyright, but then if individual members wanted copies of the photos, I could then charge that person a fee for the photo.

   That didn't make sense to me as I suspect I could then be in trouble for making money on a photo which I "didn't own".

   The cost of taking photos at the community event and the time to do some PP is minor. Besides, as the community is small, this is a small sacrifice for me. It also allows me to get my work out to the community and offer my services for other events (weddings, parties etc).

   The bigger problem is around the copyright and how to best resolve that. I look forward to comments and information around that.

   Thanks

   Posted 2 years ago #
2. 

   Carrera_C
   

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   The arrangement they are describing it sounds like you would actually be retaining the copyright, but providing them with a license agreement to have free use the images as they wished.

   That's my take on it anyway...

   Posted 2 years ago #
3. 

   tcole1983
   

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   I would say it is hard to say without the "official" wording. What you are describing seems to be contradiction. If it seems confusing I would either write up your own version or have them revise it.

   Posted 2 years ago #
4. 

   Mike Gunter
   

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   Hi,

   While copyright law is somewhat 'universal' by treaty, there are some local kinks.

   What country are you in?

   My best,

   Mike

   Posted 2 years ago #
5. 

   broxibear
   

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   Hi BigBro_FAC
   Unless you sign a piece of paper handing copyright over then the photographer always owns the copyright to the images they've taken.
   I'd go back to them and say if they want copyright they would have to pay an appropriate amount on top of the fee for taking the images...they probably won't want to pay the extra amount and will agree to you keeping copyright.
   Did they say why they wanted copyright?
   I'd also make sure your invoice states usage rights...otherwise you risk getting burned if they decide to use it in advertising when all you got was a small fee.
   It's your work, protect it.

   Posted 2 years ago #
6. 

   Ron
   

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   Joined: Sep '10
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   Photo Attorney on copyright

   http://www.photoattorney.com/?p=1492

   Posted 2 years ago #
7. 

   BigBro_FAC
   

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   Joined: Oct '10
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   Mike - I am in the UK.

   tCole - I agree it is a tad confusing. Essentially, the idea was briefly discussed around the same time we were talking about me becoming the official photographer for community events. I basically said that I would need to think about that part of the arrangement.

   Carrera - That makes sense. I retain copyright and arrange a licensing agreement setup.

   Broxibear - Payment isn't what I am looking for. I essentially want to make sure that going forward, copyright is with the correct people. As you say, unless I sign a piece of paper stating otherwise, I will own the copyright. The community in question will use the photos on their website - but I would be very surprised if I saw the photos on any marketing/advertising. BUT, it is definitely worth getting something in writing to ensure this is covered.

   Thanks

   Posted 2 years ago #
8. 

   broxibear
   

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   If you're in the UK this is your first stop http://www.londonfreelance.org/feesguide/index.php?language=en&country=UK&section=Welcome&subsect=All&subsubs=All

   Copyright information is near the bottom.

   Posted 2 years ago #
9. 

   NikoDoby
   

   The Terminator
   Joined: May '09
   Posts: 6,598

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   An "employer" can require that any photos you take for them belong to them. Meaning you agree to give up your copyright. Normally "pro" photographers agree to do jobs like that because they get more $$$ (sometimes), but since this is a small event it seems to me as though they are just taking advantage of you. They can cut you out at anytime and continue to make money off of "your" photos. It's up to you to decide whether it's worth the risk. The recognition might be worth more to you for future business in a small town versus losing ownership of a few hundred "mediocre" photos you take at the event.

   Posted 2 years ago #
10. 

    Pierre
    

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    Found this http://www.templetons.com/brad/copymyths.html

    Posted 2 years ago #
11. 

    poster
    

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    NikoDoby said:
    An "employer" can require that any photos you take for them belong to them. Meaning you agree to give up your copyright. Normally "pro" photographers agree to do jobs like that because they get more $$$ (sometimes), but since this is a small event it seems to me as though they are just taking advantage of you. They can cut you out at anytime and continue to make money off of "your" photos. It's up to you to decide whether it's worth the risk. The recognition might be worth more to you for future business in a small town versus losing ownership of a few hundred "mediocre" photos you take at the event.

    I second this. You can always change the contract with them fo future projects.

    Posted 2 years ago #
12. 

    Gentoo
    

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    I don't know if you're in the US but I would strongly recommend having any work you do officially registered with the Library Of Congress.

    http://www.copyright.gov/

    You can upload individual pics or a batch as a total work project. I do this for pictures and music I write. While it may be arguable that you are the owner (providing someone doesn't screw you and register them in their name), if you actually own the rights and someone steals your work, not only would they be liable for any revenue lost (which is all you would get without an official registration), but they would also owe you punitive damages and you would not have to pay the attorney fees.

    They send you a certificate (which can take up to 6 months to get), once you have that, your copyright is pretty much set in stone. Also most countries around the world recognize US copyrights and vice versa so even if you're not in the US, your work will still be protected here.

    Posted 2 years ago #
13. 

    SkintBrit
    

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    Carrera_C said:
    The arrangement they are describing it sounds like you would actually be retaining the copyright, but providing them with a license agreement to have free use the images as they wished.

    That's my take on it anyway...

    That's how I often work.

    NikoDoby said:
    An "employer" can require that any photos you take for them belong to them. Meaning you agree to give up your copyright. Normally "pro" photographers agree to do jobs like that because they get more $$$ (sometimes), but since this is a small event it seems to me as though they are just taking advantage of you. They can cut you out at anytime and continue to make money off of "your" photos. It's up to you to decide whether it's worth the risk. The recognition might be worth more to you for future business in a small town versus losing ownership of a few hundred "mediocre" photos you take at the event.

    I agree, and I think it probably is.

    Posted 2 years ago #

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