Need your help about copyright

<p>I was in a free concert in wellington , i took photos and then create a presentation and send to singer's website<br /> <br /> Here is the link to my presentation<br /> <br /> <a href="http://www.pouryapix.com/Presentation/Yulia/">LINK</a> <br /> <br /> They replied to me and here is what they have answered<br /> <br /> <br /> Thanks for the link to the photos.<br /> <br /> Yulia is also a registered brand name / trade mark with iponz which means her images, as part of her brand can only be used with permission.<br /> However we try to work with and support commercial and amateur photographers as much as possible<br /> as obviously this is to our mutual benefit. <br /> Your photos are excellent and amongst some of the best we have seen.<br /> We also work non exclusively with Simon Woolf and Patrick Bellett, both award winning photographers. <br /> I'm happy to create a photograph album on each of Yulia's web sites specifically credited to you.<br /> The idea is that you share the photos, then we upload them on all Yulia's sites and include your credit and contact details. This is a great way to promote your services directly to music industry and potential clients.<br /> We do this on facebook, myspace and I'm about to do the same on www.yulia.co.nz with specific albums for Patrick and Simon's photography.<br /> We could do the same for your photos. (We won't however direct people to web sites away from Yulia's.)<br /> We have our own file servers and so it's possible to drop the pics in the folder 24/7.<br /> I'm also very happy for cross promotion to occur through sites such as facebook.<br /> We have a large following growing there and lots of people who need art work. <br /> I welcome your feedback about how you would like to proceed.<br /> <br /> <br /> I have few questions<br /> <br /> 1.Taking Photos was allowed in this concert and nobody from the crew told me that i should not take photos , so am i the owner of the photos and can i use them for my website and for my portfolio ?<br /> <br /> <br /> 2. They mentioned that Yulia is trade mark , but dose it mean that i need to take permission from them for photos that i took ?<br /> <br /> <br /> 3. They said that they have professional photographers , but also said that my photos were some of the best they have ever seen , i was the only photographer that covered her concert and their photographers were not there , if i want to send them the photos , should i ask for money , is it legal or no ?<br /> <br /> <br /> I really appreciate the time that you spend reading this long post and need your help<br /> <br /> <br /> Regards<br /> <br /></p>

<p>I am not familiar with New Zealand laws but it is my understanding from working with bands in Australia that taking photos at private concerts for any kind of publication would require permission from the act. However, since this was a free concert in a public space where photos were allowed then I don't think they have any legal rights as to how you distribute your photos. It is also my understanding that they can not use your photos on their web site without your express permission and it is up to you to decide whether you want to try to charge them for their use (though to be honest this is rare with most bands unless they have employed you directly to shoot them). In future, I would contact the production manager of the band prior to the event and get a press pass. Normally this will get you in the pit for the first three songs only and it is agreed you won't shoot anything beyond those songs. In doing this you know you won't get into dispute about your images again. Hope this helps but again I stress I DO NOT know the NZ legalities. </p>

<p>As the creator of the photos you own copyright and can use the images for "editorial" purposes any way you like.</p>

<p>Images used for commercial/advertizing purposes require a model release, at a mimimum. From what I saw through your link, it appears to be editorial, IMO.</p>

<p>I would not allow them to use your photos, at all. Unless they contact you offering to pay.</p>

<p>The laws differ between different countries so what applies in the US isn't necessarily going to apply in New Zealand. Here's an Australian site. The organization may have some information as to similar bodies in NZ that might be able to assist.<br>

http://www.artslaw.com.au/LegalInformation/UnauthorisedUseImage.asp</p>

<p>Classic.<br>

Translation: give us all your photos for free and we'll use them and pay you nothing. We will give you a photo credit.<br>

(I tried that on my doctor last week but it was a no go. I said I wouldn't pay him but I'd give him credit whenever someone asked me who did the work.)<br>

The offensive distortion of the law part follows:<br>

"Yulia is also a registered brand name / trade mark with iponz which means her images, as part of her brand can only be used with permission."<br>

Yeh, good one. No, that's not what having a trademark means. Not in the US and not in New Zealand.<br>

Some general background info may be obtained here.<br>

http://www.iponz.govt.nz/cms/contact/ask-a-question/trade-mark-faqs</p>

<p> </p>

<p>Pooria,</p>

<p>The legal advise you get in this forum is worth every bit what you payed for it -- see an attorney for accurate information</p>

<p>Jim M.</p>