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      04-09-2012, 07:24 PM   #12
Mr Tonka
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Originally Posted by djslavoki View Post
this is his response when i told him that he needed consent from the copyright owner to give wheel company #1 the pics to use in their gallery.

"But sure you took the pictures but I did pay you to take it for me, not anyone else right? (wheel company #1) I gave them permission. There is a reason I ask you to take pictures for me and its because its for me to use with whom I want to use it for.
I feel as a customer if you take pictures for me its for me and whomever I want to share it with. I have a partnership with Wheel company #1, so yes we share the pictures. I can distribute it as I paid for it."
His description only works if he purchased the copyright of that image, thereby making it "his" image to distribute freely. What he paid you for was your time for taking pics at his shop and the permission to post them on their website, facebook, ect....

If what he said was legal that would mean since he paid Porsche to build him a 911 that he could make exact copies of them and sell or give them away at his will.... copyright infringement. You can believe that his explanation would not hold up in court when Porsche is suing his ass.

It sounds like you have a very causal deal set up where as you say, you get next to nothing for your time and energy. What you DO GET are photos that you own used to build your portfolio or to sell as you see fit.

You need to educate this guy on how it's going to work from now on. I can see that you're ok with doing it to help you learn and build portfolio. But if you let him continue to distribute your images as he sees fit, you could possibly lose out on some key opportunities.

Say instead of wheel company 1 just getting an image from this guy, he said to them, "contact djslavoki, he can hook you up with great images like this one" You may have 2 paying jobs at that point. Who knows. But if he's just going to give your work away for free, what would they want to contact you for?

Here is some info addressing what schoy said about works for hire.

Under the provisions of the revised copyright law, a photographer owns all rights to his pictures at the moment of creation. That means he and he alone owns the right to sell, use, distribute, copy, publish, alter or destroy his work of art. If you are a photographer, this ownership begins the moment you click the shutter. It continues throughout the life of the artist and 50 years after his or her death. In order to insure you have all the rights the law provides, as well as access to all the legal remedies available, you should have a copyright notice put on all of your published works. "Publication" means not only published in the sense of inclusion in a printed book or magazine, but also distribution via public sale, display with intent to sell (as in a gallery), and the rental, lease or loan of the work. And now, with the Internet, publication includes use on a page.

An exception to the ownership just described occurs if the work was done as work for hire. This is the case when a photographer or other artist signs a contract to produce a work or works for a fee. In this contract "work for hire" is specifically noted. The artist or photographer relinquishes all rights to his or her work. Those rights are assigned to the client. In other words, your client--not you--owns the copyrights . This transfer of rights has been the source of much controversy and many legal battles. Be very careful when reading your contracts to be sure you are not giving up your rights to your work. Copyrights for work for hire continue for 100 years past the date of publication.

It should be noted that just because you own the rights to your work, this does not mean you have the rights to use your work. Issues such as model releases, invasion of privacy, intended use, etc. all play a part in whether you may safely publish or sell your work. Someone can stop you from using your photograph of them, for example, if they feel you have invaded their privacy or shown them in a bad light.
Contracts don't need to be crazy long double sided legal size pages of fine print. You can probably find some sample contracts on the internet and modify them to suit your needs.
"There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice. -Charles de Secondat"

Last edited by Mr Tonka; 04-09-2012 at 07:34 PM.