Upload & Sell: Off
| p.1 #1 · Looking for thoughts/opinions on this "copyright grab" |
I'm considering participating in an event in my town that a questionable (by my standards) photographer is putting together. It's an event where he organizes models, makeup artists, clothing manufacturers, location owners and photographers for an all-day shoot. Models, MUA and photogs all pay to participate. I think it's a bit of a rip-off we ALL have to pay (as a photog, he's not providing anything I can't get for free myself and I have to pay him $75), but whatever, I've gotten over that. What I can't get over is his "contract" he makes everyone sign to participate.
Part of me wants to pay, participate, and then just refuse to abide by his "contract." Another part of me wants to confront him directly, get him to delete those portions I object to in my contract and then we're both on the same page, or, if he won't delete those section of the contract, not participate and make it my mission to point out to all the other photographers in town how unscrupulous this is and that he's clearly doing all this for his own benefit, not for the benefit of the photographic community or the models and MUA that participate.
A BIG part of why I want to do option 1 is to then point out to all the other photographers who participate in his little "game" what a sleaze he is for trying to pull this sh*t.
So, here's the parts of the contract I have SEVERE objections too and I'm wondering what you all would do or how you'd handle this. My comments after the quoted contract sections...
Images without RTMP (event name) logos may be offered for sale and distribution on a royalty free basis (stock images) by RTMP on other stock media websites as well. Pricing will be based on intended use. If the photographer or model wishes to put the images on an online gallery on their own website or social networking site profile, they must have the RTMP logo on each image displayed with full credit given to the RTMP. ... Any sale of images or prints on the RTMPzenfolio website that were taken at a RTMP event is sanctioned by the RTMP and profits from the sale of these photos as digital downloads or print orders from RTMPzenfolio will be split with the photographer. As of now the profit split will be 50-50. ... RTMP reserves the right to change this policy and percentage of profit split any time without notice.
Distribution and uploads to social networking and other websites including but not limited to facebook, myspace, twitter, etc., etc., etc., of images taken at a RTMP event will be unlimited so long as the images have the RTMP logo on the image.
Photographers who participate in an RTMP event are not to participate in any competing events for a term of one year after participating in an RTMP event.
By signing this contract I understand that all photographs and video taken at an RTMP event are the property of RTMP, will remain RTMP's property and are protected by United States Copyright Laws (USC Title 17). Participants hereby waive any claims for ownership and editorial control. Violators of this federal law will be subject to its civil and criminal penalties.
Now I don't know about anyone else, but I've never PAID to give someone else my copyright and, despite the contract giving them ownership. I would guess this contract would hold up in a court of law as transfer of rights, but it seems asinine given copyright is explicitly granted to those who CREATE any image and this isn't "work for hire" since I'm not being paid.
Moreover, while I can deal with a 50/50 split (though again, this is INCREDIBLY self-serving to the organizer as I paid to play, PLUS he wants to split profits 50/50?! I could only see this being justified by the fact that he's paying for hosting and is getting all the models/MUAs to come to one place to download/buy the images), but what I can't deal with is the requirement that I display all the images I created with his stupid logo on them.
Another issue I have a hard time with is the "RTMP reserves the right to change this policy and percentage of profit split any time without notice." That SCREAMS of selfishness. If you want to change the terms, I'm OK with that, but then a new contract should be required to be negotiated and if I don't like his new terms (again, because I should RETAIN all copyright) I should be able to pull my photos from the site and no longer available for sale under his new split.
And the whole, "no participating in a competing event for a year...?" Come on, that's just complete self-serving BS again.
I'm curious how you all feel about this situation. I believe he's got VERY amateur photogs signing this thing as no professional would agree to pay someone else to give them their copyright!
Thanks for any thoughts from you all!