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Thread: What are my rights?

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    What are my rights?

    Gday folks

    I am not a professional by any means, but I have just done a shoot for a fashion parade raising money for the Leukaemia foundation. I am more than happy for the charity to use the photographs at will and they plan to get some published in the local paper.

    However, the company whose clothes were modelled in the parade are interested in getting a copy of my photos. They are a business and I believe that if they want to use my photos for commercial reasons, they should pay for them.

    Is it possible for me to allow the charity to use the photos however they want, and still retain copyright if the business want to use the photos?

    Thanks for reading my long-winded message... Now, back to the PP

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    Account Closed Wayne's Avatar
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    Short answer is yes!

    If you are under no contractual arrangement to surrender copyright of the images, then, they are yours and you retain copyright. You can sell these images to whoever you like, for whatever price you can get on an individual basis, so the charity can have them free, and the fashion house can pay.

    One thing you must consider is that anyone you sell the images to may intend to use them for promotional purposes and to use the likeness of any person contained in those photos, the person must agree to such use by way of a model release or other contractual arrangement.

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    Administrator ricktas's Avatar
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    Agree with Wayne.

    You need a contract with the charity that lets them use the photos for promotion of the cause only. Then you need a separate contract with the clothing company to let them use the photos for commercial reasons. It is not necessary, but good business practice to advise both of what you are doing, so they understand that the other organisation/business has a right to use the photos.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

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    Awesome! thanks. I will write each of them a letter when I deliver the disc of photos and let the clothing company know that I am happy for them to contact me to negotiate a deal if they wish to use any of the photos.

    My Fiancé tells me I cant buy a 70-200 unless I am making money off photography... I won't be charging them much, but hey... its money!

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    I would give the charity a copy of the images along with a contract stating that they can use the images for promotion of the cause but nothing else. That will then tie their hands if the clothing company tries to backdoor your images out of them.

    I would then go and organise signed model releases for all of the models in the parade .

    Then I would send a polite and friendly email to the clothing company advising that your images are indeed for sale if they are interested in usage rights. I would, again politely, mention that the images are copyrighted and any unauthorised use would be a breach of copyright.

    See how they respond, and if they are genuinely interested, I wouldnt imagine youd have any problem striking a deal. Good luck
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    Moderately Underexposed I @ M's Avatar
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    Quote Originally Posted by simonw View Post
    My Fiancé tells me I cant buy a 70-200 unless I am making money off photography... I won't be charging them much, but hey... its money!

    There be the truth of the matter, stay on the right side of the wise one in your life.

    And as for the other question

    Quote Originally Posted by Wayne View Post
    What are my rights?
    Simple answer is that you don't have any because you voted liberal, labor, democrat, greens, family first or whichever party appealed to you at the time and still managed to delusion you you six months after the election.

    Oh and welcome to AP, we aren't really cynical but we try hard.
    Andrew
    Nikon, Fuji, Nikkor, Sigma, Tamron, Tokina and too many other bits and pieces to list.



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    If the company donated the clothes to the event, and wanted an image or two only to promote this I'd consider giving them a copy or asking them to make a donation to the charity for usage.

    If its more for commercial use then charge them reasonable rates

    Good luck

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    Member jasevk's Avatar
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    Just a quick mention in case your images are printed in the paper..... you have the right to attributation, so be sure to ask for a photo credit! It's a moral right and has nothing to do with copyright
    Living the dream...

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    Account Closed reaction's Avatar
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    hey good work getting published, I don’t know if you need to charge a token 10c to make a contract binding?

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    Member mrvista's Avatar
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    Quote Originally Posted by I @ M View Post
    There be the truth of the matter, stay on the right side of the wise one in your life.

    And as for the other question



    Simple answer is that you don't have any because you voted liberal, labor, democrat, greens, family first or whichever party appealed to you at the time and still managed to delusion you you six months after the election.

    Oh and welcome to AP, we aren't really cynical but we try hard.


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    You might want to have a look on the Australian Copyright Council's website www.copyright.org.au under the Copyright Information tab. they have several great Information Sheets with easy to understand info about copyright. While at that site do a search for "license" as that may be what you want to do ie set different license conditions on the charity and on the clothing company.

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