how to structure relationship with non-profit

[aidjoy]

<p>I'm a co-founder of a non-profit organization: www.aidjoy.org. We provide journalism, web development, and marketing for other non-profits: www.projectamazonas.org. I'm the chief photographer for AidJoy and a salaried employee. We've been working on infrastructure and fundraising for our clients and have neglected, to this point, putting together any paperwork having to do with copyright and ownership of images.</p>

<p>What's a realistic way to structure this relationship? I would like to retain the right to use, distribute, and sell the work I produce while shooting AidJoy projects if at all possible. I would also like to use photographs I've produced outside of AidJoy projects for the benefit of AidJoy and our clients. I realize this is a question best addressed by an attorney but I'd like some feedback from the photo.net community first. </p>

<p>Thank you for your consideration</p>

<p>Michael</p>

[pete_harlan1]

<blockquote>

<p>What's a realistic way to structure this relationship?</p>

 

</blockquote>

<p>There is none.<br>

What there is; is a LEGAL way to structure this; and yes, a licensed attorney will probably be needed to prepare the paper work.</p>

<p>1) You state you are a salaried worker in the capacity of photographer. This is "work for hire". You are NOT entitled to anything unless your employer agrees to it.</p>

<p>2) If (aidjoy) agrees to you keeping the copyrights as well as licensing rights of all images, have the agreement in writing.<br>

Ask for "Unrestricted Use" if you can get it and "In Perpetuity"</p>

 

<blockquote>

<p>I would also like to use photographs I've produced outside of AidJoy projects</p>

</blockquote>

<p>Slippery slope on this one.</p>

<blockquote>

 

</blockquote>

<p>This one can not be answered unless you answer (who,what and where)<br>

1) Who or what did you photograph?<br>

2) What do your subjects understand to be the use of the photos? <br>

3) What was the setting? (i.e) Public...private... paid?<br>

4) Are model releases needed from who you photographed? Property releases?<br>

5) Is there "Association" between these "outside" sources and (aidjoy)?<br>

6) What is the monetary value or "pro forma" earnings of the images in question?</p>

<p>To make this as smooth as possible for all parties involved,<br>

hammer out the agreement with aidjoy. Concerning the "outside" sources; you'll have to look at #4 closely and answer it.</p>

[mikael_karlsson]

<p>It's the usage of the photos, not the content, that decides if a release is needed (in the US). <br /><br />Editorial usage=no release needed. Commercial usage (to promote or sell a product or service)=release needed.<br /><br />Anything is possible regarding the rights. It's all about negotiating and how good you are at getting what you want. Since you're the co-founder I'm guessing you have some clout in the organization and mayhap that'll make negotiating easier. I'd get everything set up on paper as soon as possible though to protect both you and the organization. </p>

[joeb]

<p>The IRS may have something to to say. With board members you can have a financial relationship with the non-profit. Board Members should not vote on thier comensation and the fees/benefits must be within the norm of what you could collect else where.<br>

There are some other non-profits like AidJoy. The ProPublica that did the NY Times Magazine piece <a href="http://www.nytimes.com/2009/08/30/magazine/30doctors.html?_r=1&ref=magazine">http://www.nytimes.com/2009/08/30/magazine/30doctors.html?_r=1&ref=magazine</a> has a relationship with Sheri Fink (an M.D., is a staff reporter at ProPublica, the independent nonprofit investigative organization. She is the author of “War Hospital: A True Story of Surgery and Survival” and is a senior fellow at the Harvard Humanitarian Initiative.) How is that relationship structured? If you were to do a book of the images you have done for AidJoy, that could fit with the vission and mission.</p>