Am I being too picky?

Discussion in 'General Shop Talk' started by Sue Bruce, Oct 20, 2008.

  1. Sue Bruce

    Sue Bruce TPF Noob!

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    I was recently asked by a large fundraising group in my town to shoot a fundraiser trivia bee. (An evening public event with kids & adults.) They then informed me that they had no money, and that I would need to volunteer my time. I don't mind donating my time because it's in my town and benefits the schools that my kids go to. Infact, I had even donated a small package to one of their events early next year.

    However, as a pro. photographer, I wanted at least some formal agreement so that I would get credit for my photographs, so I asked them to sign a basic usage agreement - similar to what I use for commercial work I do.

    The usage agreement reads:
    "Photographs taken at the (event) by Sue Bruce, also known as Sue Bruce Photography (here after known as the “Photographer”) are provided without charge to the "Foundation" (here after known as “the Foundation”) for unlimited and indefinite use in the promotion of the "Foundation" including, but not limited to, advertising, editorial, brochures, display photos and other promotional merchandise. In return, the "Foundation" agrees to credit any and all photographs used with the following phrase “Photographs taken by Sue Bruce Photography”.

    This right to use is personal to the "Foundation", and may not be transferred to another party.

    These photographs are provided by the Photographer on an ‘as is’ basis, without warranty of any kind. Copyright and ownership will be retained by the Photographer.

    The Photographer is not responsible for the "Foundations" use or misuse of photographs. "

    So... the "Foundation" is having trouble signing this agreement, citing that in past years, they have simply asked a Board member who likes taking photographs to do the pictures and they have never had to sign anything and the files are simply copied and handed over for all to use.

    My attitude has been that even though I have donated my time, I am a business and am still going to follow my usual procedures and would like a formal 'usage' agreement signed. Am I being too sensitive?

    Does anyone have a perspective on photo releases ... I have presumed there will be none because it's a public event and each 'team' expects to pose for their photo anyway!

    Sue
     
  2. Ls3D

    Ls3D TPF Noob!

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    I think your agreement is reasonable and does not have a threatening note in it. It actually serves to protect you both from potential litigation and anyone with practical legal knowledge would sign it after the first read.

    However,... sometimes we are served by letting go of a position, and only you can decide which path will give you more peace. Use your mind to ask your heart which is the best decision for all people involved and you will get an immediate answer.

    Guru Sheananda :mrgreen:
     
  3. icassell

    icassell TPF Noob!

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    I am no pro, but I think you are right-on with this agreement. Just because you are donating your time, you shouldn't need to forfeit your rights.
     
  4. Peanuts

    Peanuts TPF Noob!

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    Looks good to me. If they don't sign I would just politely decline then :)
     
  5. Phranquey

    Phranquey TPF Noob!

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    I am a huge proponent of getting anything & everything in writing. Your terms are beyond fair. Getting credit for your work, retaining rights for use, and licensing the "foundation's" use is very reasonable for donating your time. This also covers your butt should you want to use them for self promotion, nobody can come back and sue you for using "their" pictures.

    I would have to agree with Peanut. If they don't like it, politely decline.
     
  6. craig

    craig TPF Noob!

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    Donating your time is sketchy to say the least. Having them sign is perfectly acceptable. If they have a problem with it then withdraw your services.

    Love & Bass
     
  7. Sue Bruce

    Sue Bruce TPF Noob!

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    Thank you everybody. The event is on November 6th. I will give them a few more days, then touch base again. I am ready to politely decline if I encounter resistance this close to the event.

    Sue
     
  8. rub

    rub TPF Noob!

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    Good call Sue - I think that what you have in the agreement is more than reasonable. Please keep us posted as to what they decide!
     
  9. skieur

    skieur TPF Noob!

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    Your agreement is just plain good business and professional. I also find that the problem with donating your services is that too often the recepient organization is not as appreciative as one would expect and wants to be very controlling.

    skieur
     
  10. dEARlEADER

    dEARlEADER TPF Noob!

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    crazy...

    they are not even giving up anything except their right to thieve....
     
  11. mdsoares

    mdsoares TPF Noob!

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    I think your agreement is right on.

    I would calmly explain to the foundation that all the agreement does is give them the right to use the photos and protect your right as owner of them.

    If they persist in saying that in the past they never did this, or they just had a board member take photos, politely remind them that you are a professional photography company, and are offering your services free of charge.

    If they still persist, then I would politely decline. If you were just some person with a camera I would fully understand just winging it. However you are a professional with your own company. You need to look out for your rights and your company first and foremost.

    I do photography for the University at Buffalo's Student Organization at sporting events. I do it for free to build my portfolio and as a way to support my school. However I made sure I had an agreement is writing protecting my rights.
     
  12. PhilGarber

    PhilGarber TPF Noob!

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    Yeah, ask them why the contract makes them feel uncomfortable.. seems kinda unprofessional on there part:er:.
     

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