I think you can have ANY contract as long as both parties agree to it,
sign it and adhere to it.
We are also not all in the USA.
Uwe

On 9/4/2011 5:04 PM, 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?
>> [Non-text portions of this message have been removed]
>>
>>
>
>
> [Non-text portions of this message have been removed]
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
>


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