copyright legal question

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Anthony_Smith
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p.1 #1 · copyright legal question

I took some pics for a project a friend of mine had a month ago. There was no signed contract, just a verbal agreement. It was for a promotion for a karate school his son goes to. Long story short, He never kept his word and I never got compensated. Lesson learned. Always have a contract drawn up. However, being I have the original raw files, does that give me any rights to the photos taken? Or am I sol. The pcis were to be used for advertising and print for the karate school. Do I have a legal right to tell them they cannot use the photos I took even though there is no signed contract between me and the school or me and the person who asked me to take the pictures?

Jun 14, 2008 at 01:28 AM

shatterkiss
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p.1 #2 · copyright legal question

With no contract signed and no documented description of services to be rendered and compensation then you own all the rights to the images in question and anyone using them commercially would be infringing upon those rights.

Though, if they're going to use the images without paying you, good luck collecting on those rights without taking them to court.

Jun 14, 2008 at 01:58 AM

Anthony_Smith
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p.1 #3 · copyright legal question

Thanks for the info Shatter. Would the original raw files be proof enough in court to show I took them? I dont think it will go that far, but Im sure the karate school owner wouldnt want to go to court either. Id just liek to make sure the raw files would be enough proof if we eventually did have to go the court route.

Jun 14, 2008 at 02:01 AM

Pavel
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p.1 #4 · copyright legal question

It should, but also it may be a good idea to register the pictures.

Jun 14, 2008 at 02:25 AM

Anthony_Smith
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p.1 #5 · copyright legal question

where would I register them and how? Thanks

Jun 14, 2008 at 02:39 AM

jlc61
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p.1 #6 · copyright legal question

Anthony_Smith wrote:
where would I register them and how? Thanks

Here are some useful links:

Wiki article on copyright

US Copyright Office

While copyright vests when you take the pictures so registration is not needed, registration gives you more remedies. If you are serious see a lawyer.

Also, what about the subjects? Have you got a model release from all of them?

Jun 14, 2008 at 01:23 PM

Anthony_Smith
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p.1 #7 · copyright legal question

I dont have a model release, but Im pretty sure the school does in their contract for classes.

Jun 14, 2008 at 01:31 PM

Craig Gillette
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p.1 #8 · copyright legal question

You do need to register them, it provides advantages when it comes time to determing damages. After registering them, I'd suggest contacting the school and letting them know that you are the photographer, own the copyrights to the images, and that they should contact you directly to discuss licensing your images for use, if they are interested.

Then you should have contracts and licensing terms ready to use if you do get them responding.

Jun 14, 2008 at 07:13 PM

jlc61
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p.1 #9 · copyright legal question

Anthony_Smith wrote:
I dont have a model release, but Im pretty sure the school does in their contract for classes.

At this point, I'd seek real legal advice before proceeding. The last thing you need to do is get caught between the school and an angry parent when they use one of your photographs and the parent objects.

Jun 14, 2008 at 07:31 PM

RDKirk
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p.1 #10 · copyright legal question

Anthony_Smith wrote:
I dont have a model release, but Im pretty sure the school does in their contract for classes.

A. Register the images with the copyright office, right now. You can put them all on a CD in JPEG format and register them as a collection. Send the package certified mail...the registration is effective the day the copyright office receives it (it may take them months to send you the acknowledgement).

B. Write letters to whoever has copies and let them know that you own the copyright and that no copies can be made of the images without your further license.

Don't even wait to speak to a lawyer before you do those two things. Do them now.

Jun 14, 2008 at 10:58 PM

Pavel
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p.1 #11 · copyright legal question

Yup. Unfortunately I believe that I've read that now the rules have it that if the images are not registered before an offense, it is hard to get the extra compensation that the breach entitles you to if they have been registered beforehand. Does anyone know if that is correct? I hope not.

Jun 16, 2008 at 02:23 PM

TT1000
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p.1 #12 · copyright legal question

Depends if you are referring to published or unpublished work.

With respect to unpublished work, it is correct that there is no "extra compensation" (if I'm guessing correctly what you mean by that) for any infringement of the work commenced before the effective date of its registration.

But for published work, Section 504 (statutory damages) and Section 505 (costs and attorney fees) remedies (the "extra compensation" I assume you are referring to) are available for infringement commenced after publication of the work and before the effective date of its registration PROVIDED you register within three months after the first publication of the work.

You have a three month window after publication.

Please do not rely on my posts it's not legal advice, rely only on your own lawyer.

Jun 16, 2008 at 05:27 PM

TT1000
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p.1 #13 · copyright legal question

I should have added there are certain other exceptions to the general rules above. Another reason to speak to a lawyer...

Jun 16, 2008 at 05:29 PM

RDKirk
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p.1 #14 · copyright legal question

If your work is not registered, the discussion with the lawyer will be short and cheap.

Edited on Jun 17, 2008 at 12:29 AM

Jun 17, 2008 at 12:28 AM


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