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Thread: Photographer release form and biz model?

  1. #1

    Default Photographer release form and biz model?

    I wonder if such a thing exists, but i have an upcoming shoot whereby the things i'm shooting is confidential. This means I can't use it for my own portfolio. How can i draft a contract to reassure my client that I will not use the photos after delivering the photos to him. This is also to cover myself legally.

    Is this possible?

    Side question - how would you charge in this case? to release the full copyrights to the client.

    Thanks if anyone can help.

    Jack

  2. #2
    Moderator catchlights's Avatar
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    Default Re: Photographer release form and biz model?

    Regarding local copyrights issue, many local photographers have miscoception, we do not follow the copyrights law of US..

    I research the copyrights and ownerships issue on portrait photography, this is what I found

    Ownership

    Generally, the person who created the work (i.e. the author) owns the copyright in the work. However, there are exceptions to this general rule. Some exceptions are:

    Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work.

    Special situation for newspaper/magazine/periodical employees: Where an employee of a newspaper, magazine or periodical creates a literary, dramatic or artistic work pursuant to the terms of his employment and for the purpose of publication in a newspaper, magazine or periodical, the proprietor of the newspaper, magazine or periodical owns the copyright in respect of publication in or reproduction for the purpose of publication in any newspaper, magazine or periodical. The employee owns the remaining rights that make up the copyright bundle of exclusive rights.
    Commissioning: If a portrait/photograph/engraving is commissioned by another party, the commissioner owns the copyright in the work. If the portrait/photograph/engraving is required for a particular purpose, this purpose must be communicated to the commissioned party. While the commissioner is the copyright owner, the commissioned party has the right to stop others from doing any act comprised in the copyright, unless such act is done for the particular purpose for which the portrait/photograph/engraving is created.

    For other types of commissioned works, ownership belongs to the commissioned party, unless the commissioner and commissioned party otherwise agree.

    As mentioned in the introduction, the copyright owner may transfer his rights to another party or entity either partially or wholly.

    taken from http://www.ipos.gov.sg/leftNav/cop/O...and+Rights.htm

    and also this

    1. Copyright Copyright at Work
    I provide photography services. Do I own the copyright to the photos that I take for my clients? If I don't, is there any way that I can own the copyright? I want to showcase the best photos in my website and brochures.

    In general, clients who pay for your services own the copyright to the photos taken. However, you have limited rights in that if the photos are required for any particular purpose (e.g. a corporate client wants glamour shots of the senior management, to use in its annual report), your clients should tell you and you are entitled to prevent the photos from being used for other purposes.

    In practice, however, many photographers have their own terms of engagement with clients. The parties are free to have their own agreement, which automatically overrides the above default position. Thus, for example, you and your clients can mutually agree that you will own the copyright in the photos but that your clients can use the photos for certain purposes; or that your clients own the copyright but you have the license to reproduce the photos in your website and brochures.
    In simple words, photographers does not own the copyrights of the photographs, from the moment we collect money from the our customers, unless both parties enter an agreement to supersede the default law. (see the print in blue above)
    Shoot to Live, Live to Shoot
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  3. #3
    Moderator catchlights's Avatar
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    Default Re: Photographer release form and biz model?

    Quote Originally Posted by itsybitsyspidy View Post
    I wonder if such a thing exists, but i have an upcoming shoot whereby the things i'm shooting is confidential. This means I can't use it for my own portfolio. How can i draft a contract to reassure my client that I will not use the photos after delivering the photos to him. This is also to cover myself legally.

    Is this possible?

    Side question - how would you charge in this case? to release the full copyrights to the client.

    Thanks if anyone can help.

    Jack
    read post #2, you will find the answers inside to your question 1 and question 2.
    Shoot to Live, Live to Shoot
    www.benjaminloo.com | iStock portfolio

  4. #4

    Default Re: Photographer release form and biz model?

    oh wow thank you sir.

    So effectively (if i got it correct), it means I don't have to draft a contract or anything , as I can reassure my client that he owns all the copyrights to the photos I took for him (since we're following the default agreement).

    However, this also means by default the photos I take for him can only be used for the purpose intended (i.e. website, based on initial agreement), and usage for other means (say for use in poster etc.) is not allowed.

    Am I getting this right?

    Thanks

  5. #5
    Moderator catchlights's Avatar
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    Default Re: Photographer release form and biz model?

    Quote Originally Posted by itsybitsyspidy View Post
    oh wow thank you sir.

    So effectively (if i got it correct), it means I don't have to draft a contract or anything , as I can reassure my client that he owns all the copyrights to the photos I took for him (since we're following the default agreement).

    However, this also means by default the photos I take for him can only be used for the purpose intended (i.e. website, based on initial agreement), and usage for other means (say for use in poster etc.) is not allowed.

    Am I getting this right?

    Thanks
    when there is no written agreement, you are under "work for hire", clients own the ownership of the images you create, he can use it anyway he likes, don't have to seek your consent or approval.

    you can limit the usage of images, or retain the ownership of the images by asking him to enter an agreement with you before the shoot.

    or you prefer to shoot for him for free.
    Shoot to Live, Live to Shoot
    www.benjaminloo.com | iStock portfolio

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