User Tag List

Thanks useful information Thanks useful information:  17
Results 1 to 18 of 18

Thread: Rights for showing my photos

  1. #1
    Member
    Join Date
    24 Oct 2009
    Location
    Sydney, Randwick
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Rights for showing my photos

    hello,
    I'm working as a contractor for one company making some photos for them. And I wonder if I can showcase the photos created for them on my site. Not for selling, just like a piece of portfolio.

    Here's a rights parts of the Agreement.
    3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
    3.1 Definition of Work Product. Photographer agrees to disclose in writing to Company all works of
    authorship and other materials that Photographer may make, prepare or create, alone or jointly with others,
    in connection with performing Services or that result from or that are related to such Services, whether or
    not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection
    (collectively, “Work Product”).
    3.2 Ownership of Work Product. Photographer and Company agree that, to the fullest extent legally
    possible, all Work Product will be works made for hire owned exclusively by Company. Photographer
    agrees that, regardless of whether the Work Product is legally works made for hire, all Work Product will be
    the sole and exclusive property of Company. Photographer hereby irrevocably and perpetually transfers and
    assigns to Company, and agrees to irrevocably and perpetually transfer and assign to Company, all right,
    title and interest throughout the world in and to the Work Product, including all patent rights (including
    patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and
    any and all other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”)
    therein throughout the world. At Company’s request and expense, during and after the term of this
    Agreement, Photographer will assist and cooperate with Company in all respects and will execute
    documents, and, subject to the reasonable availability of Photographer, give testimony and take such further
    acts reasonably requested by Company to enable Company to acquire, transfer, maintain, perfect and
    enforce its Intellectual Property Rights and other legal protections for the Work Product. Photographer
    hereby appoints the officers of Company as Photographer’s attorney-in-fact to execute documents on behalf
    of Photographer for this limited purpose. Company shall have no obligation to exploit the Work Product or
    the Intellectual Property Rights therein and the failure to do so shall not result in the reversion of any rights
    therein to Photographer.
    3.3 Moral Rights. Photographer also hereby irrevocably transfers and assigns to Company, and agrees to
    irrevocably transfer and assign to Company, and waives and agrees never to assert, any and all Moral
    Rights (as defined below) that Photographer may have in or with respect to any Innovation, during and
    after the term of this Agreement. “Moral Rights” mean any rights to claim authorship of any Innovation, to
    object to or prevent the modification or destruction of any Innovation, to withdraw from circulation or
    control the publication or distribution of any Innovation, and any similar right, existing under judicial or
    statutory law of any country in the world, or under any treaty, regardless of whether or not such right is
    called or generally referred to as a “moral right.”
    3.4 Related Rights. To the extent that Photographer owns or controls (presently or in the future) any patent
    rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or
    proprietary rights that block or interfere with the rights assigned to Company under this Agreement
    (collectively, “Related Rights”), Photographer hereby grants or will cause to be granted to Company a nonexclusive,
    royalty-free, irrevocable, perpetual, transferable, worldwide license (with the right to sublicense)
    to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon,
    distribute, sublicense, display, perform and transmit any products, software, hardware, methods or
    materialsof any kind that are covered by such Related Rights, to the extent necessary to enable Company to
    exercise all of the rights assigned to Company under this Agreement.

    so, can I just show the photos or should they be watermarked or I cannot show them at all?
    Nikon D750, Tamron 15-30, Nikkor 70-300 VR2
    http://FotoForge.net

  2. #2
    Member
    Join Date
    20 Jul 2009
    Location
    Melbourne
    Posts
    415
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    im not a lawyer but i read that as the company will own the images - if you want to display them you need their permission
    Pentax K-5iis, DA* 50-135 IF SDM | Sigma 18-125 3.5-5.6 | Sigma 70-210 4-5.6 |Sigma 28-80 3.5-5.6 Macro |Pentax-FA 28-80 3.5-4.7 |Pentax A 50 1.7 |Pentax DA 12-24 | Pentax DAL 55-300|Sigma 28-300 3.5-6.3 and other stuff

  3. #3
    Moderately Underexposed I @ M's Avatar
    Join Date
    04 May 2007
    Location
    Marlo, Far East Gippsland
    Posts
    4,864
    Mentioned
    3 Post(s)
    Tagged
    0 Thread(s)
    Within the bounds of the AP site rules ( #30 )regarding the offering of legal advice I would suggest that you need to take this issue to a qualified professional leagle eagle to get a clear determination of what you can or cannot do with any images.

    If you have already signed this contract then you will be "stuck" with the terms unless you negotiate an after the event clause or if you haven't signed anything yet I would suggest that you have the aforementioned legal person negotiate with the contract supplier to include a clause whereby you can display your work.
    Andrew
    Nikon, Fuji, Nikkor, Sigma, Tamron, Tokina and too many other bits and pieces to list.



  4. #4
    Member
    Join Date
    17 Sep 2009
    Location
    Brisbane
    Posts
    822
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Gee how on earth did you agree to that set of terms and conditions ?


    I'm not a lawyer, and I'm not giving you advice. But I will give you my opinion on your question as I deal with this all of the time, and I'm a working photographer, and have 20 years experience specifically in the area of copyright, and in particular understanding these types of terms and conditions.

    Mate, in short, you're screwed would be a blunt way of putting it. Its not difficult to read these terms (and they are tough), and it clearly says you cant use them.

    Sure you could go and spend a few hundred/thousand with a lawyer, (who will probably have a limited knowledge of this particular field), but I'm sorry I think (opinion - not advice) that you would be wasting your money.

    What could be learnt from this is to carefully read what you are agreeing to and if you HAVE to agree to them - do what Andrew suggests and get an additional clause put in which allows you to use the images that you created in your future portfolios.

    Ok some Business advice here - this shouldnt be considered as legal advice as its to with your "business"

    At this point my only suggestion is to approach the company that you are contracted to and simply ask them if you can use them for your portfolio/website. My experience is that many companies (out of sheer laziness) produce a "take everything" approach on the issue of copyright, when they dont really need to, and in many cases, dont even know thats what they've "demanded". You may be pleasantly surprised that they agree to that - IF THEY DO, then get the agreement in writing !!

    HTH
    William

    www.longshots.com.au

    I am the PhotoWatchDog

  5. #5
    Member Caring's Avatar
    Join Date
    16 May 2010
    Location
    Sydney
    Posts
    14
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I am a lawyer / photographer, but cannot give you legal advice for your particular circumstances so I advise that you seek an independent professional opinion.

    My reading of the T&Cs is that you assign all IP rights in your Work Products over to the Company. This includes copyright.

    As you no longer own the copyright, then the owner of the copyright (ie. the Company) has the sole and exclusive right to copy, publish, reproduce and licence the Work Products. In order for you to display the photos on your website, you need the Company to grant you a licence to do that.

  6. #6
    Member
    Threadstarter

    Join Date
    24 Oct 2009
    Location
    Sydney, Randwick
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    alright, thank you guys. that's what I thought.
    I will ask them.

    as to why I agreed on these TC - because this was an area, where I had zero experience (interiors) and thus I could get new skills "for free" - i.e. without paying for trainings etc and earn some extra money

    anyway, I will ask them and see what they say.

  7. #7
    Member
    Threadstarter

    Join Date
    24 Oct 2009
    Location
    Sydney, Randwick
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I've got an answer. They told me I can use photos for my portfolio on the site, but not sell them, which is a fair deal

  8. #8
    Administrator ricktas's Avatar
    Join Date
    24 Jun 2007
    Location
    Hobart
    Posts
    15,129
    Mentioned
    8 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by ColdBlood View Post
    I've got an answer. They told me I can use photos for my portfolio on the site, but not sell them, which is a fair deal
    Get it in writing!
    "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

    Constructive Critique of my photographs is always appreciated
    Nikon, etc!

    RICK
    My Photography

  9. #9
    Member fairy bombs's Avatar
    Join Date
    10 Sep 2009
    Location
    south east QLD,Australia
    Posts
    377
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by ricktas View Post
    Get it in writing!

    +1.in writing is the only way to go!
    Canon 50D and 450D - Canon 10-22 F3.5-5.6, 17-55 F2.8 L, 70-200 F2.8 L, 400 prime F5.6 L, 60mm F2.8 macro, EX 430 Flash,and all sorts of other bits and pieces

  10. #10
    Member reflect's Avatar
    Join Date
    21 Feb 2010
    Location
    Burleigh Heads, Queensland
    Posts
    418
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    ++ in writing or never be brave enough to check the mailbox or answer the phone again!
    Andrew
    D700, D5000, Various Nikon and Sigma Lenses and lots of other expensive thingys with buttons and knobs (some even go Bing !!)
    www.andrewplacephotography.com.au

  11. #11
    Member
    Threadstarter

    Join Date
    24 Oct 2009
    Location
    Sydney, Randwick
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    well...isn't an email sufficient? providing it was answered from the official "photography" manager

  12. #12
    Ausphotography Regular
    Join Date
    29 Dec 2007
    Location
    Mansfield, Victoria
    Posts
    856
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Email is "in writing" IMO - it is the "over the phone" that can often be the issue.
    Regards, Rob

    D600, AF-S 35mm f1.8G DX, AF-S 50mm f1.8G, AF-S 24-85mm f3.5-4.5G ED VR, AF-S 70-300mm F4.5-5.6G VR, Sigma 10-20mm F4-5.6 EX DC HSM
    Photos: geeoverbar.smugmug.com Software: CS6, Lightroom 4

  13. #13
    Member
    Join Date
    17 Sep 2009
    Location
    Brisbane
    Posts
    822
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    yep email is in writing and is good enough IMHO as well

  14. #14
    Member
    Join Date
    12 Feb 2008
    Location
    Brisbane
    Posts
    7,837
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    The only thing I'd add re email its not good enough just to print it out, keep the electronic email also as that's what has the source traceability on it.
    Darren
    Gear : Nikon Goodness
    Website : http://www.peakactionimages.com
    Please support Precious Hearts
    Constructive Critique of my images always appreciated

  15. #15
    Ausphotography Veteran Speedway's Avatar
    Join Date
    16 Sep 2008
    Location
    Cowangie
    Posts
    2,491
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    You can print out the source info as well.
    Keith.

  16. #16
    Account Closed reaction's Avatar
    Join Date
    18 Sep 2008
    Location
    Sydney
    Posts
    792
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    "all Work Product will be works made for hire owned exclusively by Company. ..., regardless of whether the Work Product is legally works made for hire, all Work Product will be the sole and exclusive property of Company"

    They have some great lawyers.

    the work is ours... regardless if the work is not legally ours, the work is still ours...

  17. #17
    Member
    Threadstarter

    Join Date
    24 Oct 2009
    Location
    Sydney, Randwick
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    ok thanks everyone
    Last edited by ColdBlood; 11-12-2011 at 5:19pm.

  18. #18
    Member Forevernowphotography's Avatar
    Join Date
    05 Mar 2011
    Location
    Bryon Bay
    Posts
    15
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I find it best to always when first talking to a new client to talk to them about this issue so that it doesnt become a problem in the future

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •