Shared copyright?

I have some questions before I agree in doing a photo session I was asked to shoot and figured some folks around

here might be able to give me some good advice.

 

We have an unofficial motorcycle organization in the Chicagoland area where we sometimes get together and ride,

go to clubs, or do other things. We have our own forum and that's pretty much it. There's no president or any

official channels to go through. So one of the members came up with the idea of creating a calendar with the

women of the group and their motorcycles. Any money collected from the calendar sales would 100% be donated to a

charity for fallen riders and their families. The girls posing are not pro models and would sign a waiver stating

that the images taken of them will not be owned by them.

 

So the member who put this all together has some digital tech company and is the one providing the waivers and

creating the calendars. He's asked two of the photographers on the forum (myself being one of them) to do the

shoot. There would be no pay, just hanging out with friends, snapping images.

 

My question is in the 'down the road' legalities of doing the shoot. If I want to use the images for my

site/business, the organizer told me we would have a joint copyright. I'm not as familiar with this type of

structure. If someone asks me to do a shoot for a charitable org, and they create that calendar (with my

permission since I've snapped and given them the photo's), then who owns the photo's? I don't know if I want

joint copyright on the photo's or if that's the only way to go about it. Any suggestions or advice? I trust the

organizers and the other photog, they are not shady people and have good intentions. I just want to cover all my

bases. Would the photo's default to the copyright being held by me and I'd need to sign something giving them

join copyright?

If you take the photos, unless you sign a contract saying that you're assigning the copyright to someone else, then you're the sole copyright holder and you OWN them. You can assign rights to other individuals and entities so they can legally use the photos, but they don't hold the copyright. That's my understanding anyway.

 

The releases the models (and to be safe, the owners of the motorcycles) sign should say that they're granting you the rights to their image. To use them however you want. Then you sign something for the legal entity putting the calendar together saying you're granting them permission to use the images for this calendar, and whatever else they want (or whatever your arrangement is with them).

Copyright belongs to the creator of the work, unless there is a clear reason that it would belong to someone else - and that almost always requires a clear employment contract. Transfer of ownership such as to establish "joint" ownership would require written documentation.The calendar would be copyrightable on it's own but that doesn't change the ownership of the pictures.

 

You should read over the Library of Congress Copyright site, especially the portions on copyright ownership.

 

You would need releases from any identifiable people in your images if you choose to use them promotionally - to promote your business, etc. That's a separate issue than copyright ownership.

You are the creator of the work and unless you sign over your rights, own the copyright to the photos. The calendar itself can be copyrighted by the company or individual producing it.

 

Your agreement has to allow the organizer some degree of reproduction rights. What it sounds like they really want is "unlimited in perpetuity non-exclusive" or perhaps calendar only usage rights.

 

This is one of those situations which could end up a no win for everyone with out this clear statement of who can do what with the photos. It's a case of "good fences make good neighbors". "Sharing copyright" could turn into a nightmare for everyone with either party having veto over what the other party does with the photos.

Ok so right now let's say I show up and take these images of the girls. I decide that I like several of them and want to use them on my site in my portfolio or maybe post them on a flier with my contact info. I would need to have my own waiver for them to sign?

Below is the text from the waiver which the models will be signing. Again, I'm not sure what impact this has on me but thought I'd post it for some other eyes to take a peak...

 

"For good and valuable consideration, I, _______________________________________________ do hereby grant Digital Post,

Inc d/b/a Chicago Digital, hereinafter referred to as “Producer”, it’s legal representatives, heirs, successors, and all persons or

corporations acting under its permission and/or authority, including Chicago Land Sport Bikes (CLSB), it’s officers, agents,

members and staff, the irrevocable and unrestricted right and permission to copyright, in the name of the “Producer”, and to use,

re-use, publish and republish still or motion pictures and/or audio of me, or in which I may be included, in whole or part, or

composite or distorted in character or form, including the negatives, transparencies, prints, or digital information pertaining to

them, without restriction as to changes or alterations, or use of a fictitious name, or reproductions thereof, made through any

medium, including but not limited to print media, electronic media, video, and in any and all media now or hereafter known for

commercial use, illustration, promotion, art, editorial, advertising, trade, or any purpose whatsoever.

I hereby waive any right that I may have to inspect or approve the finished product or advertising or other matter that may be

used in connection with an image that the “Producer” has taken of me or the use to which it may be applied.

I further release the “Producer”, his legal representatives, heirs, successors, and all persons or corporations acting under his

permission and/or authority, including Chicago Land Sport Bikes (CLSB), it’s officers, agents, members and staff, from any

claims for remuneration associated with any damages or liability, foreseen or unforeseen, associated with the commercial use,

artistic use or any publication or use of these images. This includes, but is not limited to, any claims for libel or invasion of

privacy.

If I will receive original movies, films, videos, photographs or digital images of any kind as a part of the good and valuable

consideration under this release, I also receive a copyright release to use the images for purposes of self-promotion only. In

signing this release, I understand that I may make single copies of these prints and/or images for my own promotional/portfolio

purposes only, Not For Resale, provided notice of the “Producer’s” original copyright is printed on either the front or back of

each copy, or visible on electronic copies as follows: “Copyright @ 2008-2009, Digital Post, Inc.” The above stated copyright

release does not apply to any images used in promotional material printed mechanically and/or electronically where multiple

copies of the promotional material will be reproduced in quantities of more than one, without the prior written consent of the

“Producer”.

By my signature below, I certify that I am an adult at least 18 years of age, and freely and willingly give my consent to the terms

of this release. I declare that the person in the image is indeed me. I have provided proper verification that each is of full legal age

and have every right to contract in his/her own name with regard to this release.

I understand that in signing the document, I am relinquishing significant rights with respect to the images of me. I have read the

above authorization and release, prior to its execution. I fully understand the authorization and release and fully agree to it."

Ok they drafted up the waiver that I and the other photographer would sign. This doesn't read very well to me...

 

"For good and valuable consideration, I, _______________________________________________ agree to act as an “Agent” of

Digital Post, Inc., and do hereby grant Digital Post, Inc. d/b/a Chicago Digital, hereinafter referred to as “Producer”, it’s legal

representatives, heirs, successors, and all persons or corporations acting under its permission and/or authority, the irrevocable and

unrestricted right and permission to copyright, in the name of the “Producer”, and to use, re-use, publish and republish still or

motion pictures and/or audio which I have agreed to produce and provide as the “Photographer/Videographer”, without

restriction as to changes or alterations, or reproductions thereof, made through any medium, including but not limited to print

media, electronic media, video, and in any and all media now or hereafter known for commercial use, illustration, promotion, art,

editorial, advertising, trade, or any purpose whatsoever.

I hereby waive any right that I may have to inspect or approve the finished product or advertising or other matter that may be

used in connection with an image(s) that I am producing as the “Photographer/Videographer Agent”, which I have taken in the

course of my engagement as an Agent of Chicago Digital, or the use to which it may be applied.

I acknowledge that I will possess a joint copyright claim with Digital Post, Inc. to the original movies, films, videos, photographs

or digital images of any kind for which I have produced as the acting Agent Photographer, and as a part of the good and valuable

consideration under this release, I also receive a copyright release to use the images for purposes of self-promotion only.

In signing this release, I understand that I may make copies of these prints and/or images for my own promotional/portfolio

purposes only, but Not For Resale under any circumstances, provided notice of the “Producer’s” copyright is acknowledged or

visible on electronic copies as follows: “Copyright @ 2008-2009, Chicago Digital/Digital Post, Inc.” The above stated copyright

release does not apply to any images used in promotional material printed mechanically and/or electronically where multiple

copies of the promotional material will be reproduced in quantities of more than one, without the prior written consent of the

“Producer”.

Digital Post, Inc. acknowledges that I possess a joint copyright claim to the images which I have produced under this

engagement, and as such require copyright is acknowledged or visible on copies as follows:"

If I were a "model," I wouldn't sign one of the releases, not if all I was willing to do was participate in a calendar for charity. There's nothing even remotely close to language which would restrict the use of the images.

 

As the photographer you are signing away all of your rights except to use single shots for self promotion. I guess it means on a website, etc., but you can't use them on flyers, etc., w/o permission. It puts you in a position of being an agent to take the images but no control at all over the eventual uses.

 

That good and valuable consideration had better be very convincing.

You could do a Google search for "Model Release." A signed model release *may trump* a waiver form in the future. Just make two copies, one for your model, and one for your file cabinet or folder.

 

 

 

As noted above, if you snap the shutter, you own the copyright. The legal use of the image is governed by the "model release,." with the exception of your personal photo album or your personal use. Any "business-releated" use should have a "signed model release" on file to cover your involvement.

Ok so you're saying that the model release that the models sign may have an impact on the shots I take?

 

My thinking is this. Not only does the joint copyright need to be removed, but basically the entire first paragraph that states they can use the photos as they like. This isn't work for hire, and no one is supposed to profit from this. So the only thing it should really state is that the company gets unlimited usage of the photos in regards to this calendar project and that they own the rights to the calendars as a finished project, make all the decisions, and so on. But it seems to me that it should state that it's all limited to this specific project and that the photographers and I cannot sell the photo's in the future for profit.

 

I'm guessing that it should state that I can't sell the photo's and not just "have no profit" from them. If I want to print a flier one day and hand it out, that could lead to a profit since it's promotional.

You may have to contact a lawyer if you want really firm advice on your situation.

 

 

 

A copyrighted photograph is one 'legal' thing.

 

 

The "use" of that copyrighted photograph is one "legal" thing.

 

 

The two things are different.

 

 

You, in your decision making, may give the calendar company a 14-month term on the "use" of your images.

Then you may specify that the calendar run may be for 1,000 or 500 or 15,000 copies, if you wish.

 

 

If you limit your use of the images, what is your plan if Harley-Davidson wants to donate to your charity drive for the H-D logo on the calendar for 2010, for one example?

Hi Michael,

 

I don't foresee too much trouble getting your model releases signed. I have stacks of them here, signed, that are

just about as full of legalese.

 

However, a model does not grant "permission to copyright". Some releases contain a phrase "model acknowledges

and agrees that the photographer retains all ownership of copyright" just to clarify things.

 

Models often get unlimited usage of images for self-promotion purposes, but with restrictions that they may not

sell or allow any third party usage of the images. This doesn't "give them copyright" and that's a phrase I'd

never put in any contract or model release. Never "give copyright". Only license usage of images, the copyright

of which you retain.

 

I do not like the photographers license or contract at all (you are calling it a "photographer's waiver", which

is something I've never heard of) . Now that I wouldn't sign! It's too open ended in some respects, far too

favorable to the company and unfavorable to the photographer. It's little more than a slightly modified version

of the model release and sounds as if you are giving up all copyright ownership to them (i.e., "work for hire"),

and getting a license back to display your images in your portfolio. This is just about the worst possible deal

for the photgrapher and there really is no reason for it to be screwed over this way.

 

You don't even need to and shouldn't "share copyright" as you stated in your headline, either.

 

You only need to license their limited usage of your images (i.e., limited to the calendar, to promotion and

marketing of the calendar, and perhaps to future reprints of the calendar). You would then keep and control the

copyright. (They would own the copyright of the calendar... that's a separate thing.)

 

But, what you really need first is a contract for the shoot, as a separate document. That should define who owns

the copyright, along with all the other terms of the agreement.

 

Then you need to complete and sign a usage license for the images they select from the shoot to use in the calendar.

 

Why reinvent the wheel here?

 

All these forms can be found in the book "Business and Legal Forms for Photographers", which is widely available

and co-published by the American Society of Media Photographers (ASMP) and no doubt vetted by their attorneys.

That book has the job contract, image license and model release forms you need, and costs about $20-25. It goes

into some detail about optional terms and how not to "give away the farm" (which you are doing if you sign the

above "waiver").

 

I would suggest some enhancements to the ASMP adult model release, though, in the event of any risque shots. You

can get lots of ideas for terminology to add by searching for model releases online, but might want to run it by

an attorney locally.