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Archive 2016 · Work for Hire - Liability

  
 
leethecam
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p.1 #1 · p.1 #1 · Work for Hire - Liability


I've been asked to shoot in a capacity where the client wants rights to the images.

Usually I'm reluctant to do this, but for this event there is very limited potential use with almost no possibilities for future sales / licencing / 3rd party sales etc.

So given that it's lose the rights or lose the job I'm saying yes. (For these jobs I'm usually offering an unrestricted licence any way because future possibilities are so small).

My question is if I'm effectively working for hire, (and assuming I put that in my agreement) does that change my liability.

My T&C limits my liability to my fees only in the case where something goes horribly wrong.



Apr 04, 2016 at 09:40 AM
FLSTCSAM
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p.1 #2 · p.1 #2 · Work for Hire - Liability


I don't know anything about UK law, but some additional info would be nice.

What are your concerns? Liability for your negligence and harming someone, or damaging property?

Or are you thinking your liability to your client such as loss of images, non performance, omissions, etc.

My basic answer for us in the colonies is work for hire offers no liability protection, it's simple terms of your contract with respect to image usage.

Sam



Apr 04, 2016 at 10:17 AM
leethecam
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p.1 #3 · p.1 #3 · Work for Hire - Liability


Sorry, I was thinking specifically of non-performance / loss of images.

Client was originally insisting on public liability (which I have anyway), as well as professional indemnity (which I only take out when I have massive events because my T&C stipulates limited liability anyway).

Interestingly client was insisting on me retaining full insurance for 6 years after the booking - which might impose more insurance costs than the job is actually worth if I was feeling the need to retire early. I said no chance and they said fine...

They've accepted my limited liability clause for performance etc.

So I guess it's all academic now - but still interesting to hear opinions. (I'm UK based by the way.)



Apr 04, 2016 at 10:44 AM
FLSTCSAM
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p.1 #4 · p.1 #4 · Work for Hire - Liability


I just visited your web site...................DANG good stuff!!

Again here in the US waivers, contract disclaimers, etc may or may not offer protection. Good to have of course.

But as an example for non performance and loss of images, lets say you show up with an entry level camera and kit lens and you produce images of far less quality than your web site shows. I do not believe any contract limiting non performance would be upheld.

Also were you to complete the photography and then go on a bender driving your car with the images into a river would you contract protect you.

Your contract would, I think cover you against the whims of an unreasonable client and circumstances beyond your control.

Looking at your website one can only conclude your a professional with a great deal of experience.

I personally wouldn't anticipate any issues hiring you.

Please note I am not a shyster and these are only my opinions.

Sam



Apr 05, 2016 at 10:55 AM
leethecam
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p.1 #5 · p.1 #5 · Work for Hire - Liability


Thank you so much for your kind words - it means a lot.

I carry backups, have my cameras serviced often, I do my own MF adjustments and spend forever getting it right, on all bodies and lens combinations. Cameras are set to shoot to twin cards and I have a main RAID drive for RAW files, coupled with 2 backup drives, and the same for final images.

And I don't drink so no chance of any benders...!

Again, many thanks for saying nice things.



Apr 06, 2016 at 01:21 PM





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