Contracts on Intellectual Property for Photographers

In the US you own the rights to all your images unless you sign a contract that shifts ownership to another party. You don't need a contract to retain rights to your images. Just because a company commissioned the images, that does not grant them ownership or usage rights to them unless it's included in the contract.

Some photographers will not charge for images licensing for small mom and pop type businesses because it opens up a can of worms that the client will not understand. Other clients understand the need for image licensing all too well, these are usually larger business with marketing departments who employ art directors and art buyers. International corporations with large budgets will occasionally purchase all rights to images in a total buy out. These corporations hire elite photographers where jobs usually run into five or six figures and a buy out of all rights can cost millions.

If a third party is using your images without permission the first thing you should do is gather evidence, take screen shots or acquire copies of printed material so you can prove copyright infringement. The next step depends on how you wish to address the situation. You might want to consult an attorney who specializes in I.P. law.

There is a lot to learn about this subject, if you are a commercial photographer you might want to start with the ASMP website, that will help you gain a better understanding of intellectual property laws and how they relate to your business.

I'm sorry that you've been through this, Regina. Forgive my ignorance, but when you say that you "publicly released" your work, what exactly do you mean? I mean, if you verbally gave them the rights to use your images, you can't be too surprised by what transpired. To me, the bigger travesty is the fact that you worked for free. Please stop doing that. (I say this having done so myself, too.) Work for free only if it's an incredible opportunity for your portfolio, but don't ever think those same clients will return and pay you well. It never happens. As for contracts, you will, no doubt, get plenty of photogs who respond that tout the merits of complicated contracts, but I urge you to not go overboard with all that. You're in a small market, and you don't want to alienate prospects before the fact or develop a reputation for being a hard-ass about anything. Just be clear next time about what you are delivering, how and where your work can be used, and above all, get paid for your efforts.

Just bring it up in your first interview. Contract ONLY. You own the copyright. If you aren't going to receive payment, royalties, or credit, why do it?

In Canada the law was changed similar to the USA that you own the copyright to all images unless a signed document is drawn up before the shoot. Saying that, you do not own the likeness of the people in the photo. You would need a model release to be held safe from their prosecution (I think the only difference is if it was used as a news item). Always sign a contract with someone so YOU know what you are getting into and THEY understand their rights and obligations they have to you. Use a lawyer, it will be the cheapest way to protect yourself. Finally look to other professionals in your industry. Call someone or better yet Join ASMP or APA or PPA or in Canada CAPIC or PPOC.

You can press for payment and loose the client or appeal to them and ask for some compensation based on how and the frequency they used your images.

Would you buy a house without a contract? Its a business deal.

Ive been shooting almost 40 years and in my time 99% of people who lowball for the first job and offer lots of follow up, never come through. They just get cheap photography and move on to the next supplier. It's a session most of us learn the hard way. good luck

Yup, everything Matthew mentions. Since no contracts were signed on either side, You own the copyright so you can start working on a DMCA notice if you'd like.

http://ftp.asmp.org/DMCA#.WfJAOhNSw9s

Don't beat yourself up too much, we've all learned from experiences of our own. To answer your question though, it's ok to lose a prospect when they are not willing to sign or agree to a contract, it's ok to fire clients too. You won't be able to control what they say or do but you can keep yourself professional and do the best you can :)

Get lightroom. You will put a © on everything. Secondly, their word isn't worth anything, so demand what's yours and be clear in future. You work is your brand, so you needn't be a doormat to get work. Good luck!

I hear things like this all the time. We are artists and are passionate about our art, not about business and confrontation.

Unfortunately things like this have been happening so often lately, that it's almost become the norm for others to assume we work for free and for our copyright to be abused, however, in order to correct course we need to understand much of the blame is ours for not educating and standing up for ourselves.

In the current situation, don't roll over and play dead.

STAND UP FOR YOURSELF.
1: have you asked for compensation? If so, and were denied. Ask again.

2: copyright is difficult to transfer without explicit documentation, this means you may control 100% the use of all photos. If so, YOU can release whatever you want (though you may be limited in its use) THEY can only release what YOU permit them to, otherwise they may be infringing on your copyright.

If I were you, I would register all of the work with the copyright office in case this gets ugly.

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How do you approach it in the future –
everything is done with a contract or written agreement. It's simply NOT professional NOT to do business this way. Any 'client' who doesn't want to have terms agreed to in writing is not a client worth working with because they are either not professional or they may be looking to take advantage. And any photographer who doesn't work with contracts is asking to be in situations like you're in right now.

Beware even more, clients who will have you sign 'work for hire' agreements. Look it up so you know what it means and are prepared to properly negotiate value should you be inclined to agree to it.

I understand you don't want to burn bridges, but do you really need a bridge to a client who won't pay? Or why would you be afraid to scare off potential clients by standing up for yourself? Are you afraid to become known as 'that photographer' who is professional, actually knows her rights, and how the business works and who stands up for herself? Or would you rather be known as someone who keeps quiet while others abuse her work?

PPA (Professional Photographer Association) and ASMP (American Society of Media Photographers) have some useful information about contracts and copyright. I have also found the following books to be helpful, as well:

The Law (in Plain English) for Photographers http://amzn.to/2hcUidx

Business and Legal Forms for Photographers http://amzn.to/2gHFlPU

Hope this helps

If you are a member of Professional Photographers of America they have sample contract forms and model releases.

On "Dark Side of the Moon" one track has a voice saying I've been mad for F***ing years working with bands!

A story I heard is that one band got permission to use a Stones rif for their own stuff. It turned out to be a hit and the Stones raked all the profits back.

The first part of my career I spent a good deal of time in court.

I won , but... the time and stress.

Now I avoid anything that doesn't pass the smell test.

If I need lawyers and contracts then I walk.

I don't shoot bands!

And I am much happier.

(Still a bit mad though)

There are answers down below. It's the action between your and the band management. Get legal advice from ASMP or PPA is your best bet if you consider your work is valuable to them. Freebies is not for the pro.