James writes he has a TOS which means that photographers have to accept these terms if they want to work for him. Once accepted there is nothing left to insist on, it's a take it leave it choice. If they don't like the TOS or think his contract is "bad" they shouldn't work for him.
Rieni At 4-9-2011 17:04, David Kennedy wrote: >I think a photographer should never do work for hire. They should >insist on re-writing the contract to give you all the rights you need >from here on but the photographer keeps ownership. He can grant you >exclusive rights for a period of time if you need to publish first, etc. > >This is pretty much the position of the ASMP, American Society of >Media PHotographers. > >http://asmp.org/tutorials/bad-contract.html > > >David Kennedy >Photography > >ASMP >D-65- Dallas, St. Louis >Platypus- New Orleans >www.showmephotos.com > >On Sep 3, 2011, at 11:28 PM, Motleyjust wrote: > > > Have you tried contacting the photographer about this? > > > > motleyjustmotleynothingbutmotley > > > > > > -----Original Message----- > > From: Rieni <[email protected]> > > To: Adobe-Premiere <[email protected]> > > Sent: Sat, Sep 3, 2011 8:37 am > > Subject: Re: [AP] Photographer reusing photo I purchased? > > > > Hi James, > > > > Not really on-topic in here but it's interesting. > > > > And I can confirm that if you assign and pay someone to create > > something for you, the delivered product is your property including > > all intelligent rights. > > > > Now the problem is, how you are going to get your rights. Sending a > > lawyer on him will probably cost you more than you can gain from > > this, not only financially but also emotionally, after all, you will > > have to deal with lawyers and judges for at least the next 6 months > > of your life. All I can say about that is: don't do it, stay happy > > and healthy and use your money for better things. > > > > Just don't work with this photographer anymore and try to get an > > explicit confirmation from photographers you work with in the future > > that they understand and accept your TOS, for example let them write > > in their own words that the photos will be your full intelligent > > property and that they can't and won't sell copies of them themselves. > > > > Rieni > > > > At 3-9-2011 04:58, gotmailjames wrote: > > > > > > > > >I run a business where I send people out to specific locations and > > >pay them to take photos and send in those photos. > > > > > >Recently one of the photographers decided to take some of the photos > > >they were paid for and use them for their own business. The TOS says > > >any photos take for the business are property of my business and may > > >not be reused. > > > > > >What is the legality of this? My understanding is since he was there > > >on assignment from me and paid for the photographs those photographs > > >should belong to me, is that not correct? ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Adobe-Premiere/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/Adobe-Premiere/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
