Legal

[iSax]

Hi all!

If I covered a concert for a non profit organization can I legally tell them that:


1.) they need to gain my permission for publishing my images


and


2.) If they cannot give credit where its due, can i withhold those images from their use?


What if they do ask my permission and publish but they end up purposely publishing my pictures and cutting out my logo (water mark)?

 

[CCericola]

What does your contract say?

 

[Tomasko]

Like CCericola said, it all depends on the contract...

 

[andrewleephoto]

If there is no contract then the pictures are your property and under your copyright (artwork) and they have no right to take your pictures and publish them without consent. If you were in a contract that says otherwise, then I'm sorry it's theirs xP

 

[imagemaker46]

There is no such thing as non-profit, someone always gets paid or makes money. Make sure that they understand that if you shoot this concert they can have access to the images, but you need something in return, if you just want a photo credit, that's good for some free advertising, shooting for groups like this is a decent way to make some contacts, however, some of these contacts will expect the same fee you charged, nothing. Use a contract.

 

[tirediron]

Laws vary by municpality, state/province and country. Consult a lawyer for a definitive answer, however, my thoughts on the matter:

Lacking a contract to the contrary, the images are yours to do with as you please, and they must have your permission to publish. Assuming you don't have a contract, then meet with them and discuss the images they want to use. Provide them with a usage/rights license that they will have to sign and abide by. It should include: Fees, if any, the requirement for a photo-credit, and if you want your watermark published, that should be detailed as well. You can find many examples on the 'net and edit to suit your needs.

If they do sign the license and then fail to meet one of the clauses, you can go after them legally, but you'd be hard-pressed to claim a loss, and I suspect it would be more cost and effort than it's worth.

 

[KmH]

Hi all!

If I covered a concert for a non profit organization can I legally tell them that:


1.) they need to gain my permission for publishing my images

Absolutely, but that should have been covered in your contract before you shot the concert. You need to use a written contract even if you shoot pro bono.

and


2.) If they cannot give credit where its due, can i withhold those images from their use?

Yes.

What if they do ask my permission and publish but they end up purposely publishing my pictures and cutting out my logo (water mark)?

You would state in your written permission (called a Use License) that they can use your photos but the watermark/logo must remain.
that isn't usually done for commercial work, but with nothing written down and signed by both parties they could claim you gave then verbal permission to do whatever they wanted with the photos.

Have you already given them the photos? If so, are the photos digital files on a disc?

Apparently, you know little or nothing about US federal copyright law and use licensing.

Visit U.S. Copyright Office - Frequently Asked Questions and read all of the FAQ's. Then visit www.asmp.org and on the right side of the page click on 'Business Resources' and read all that's offered there.

An online photography forum is an unreliable place to be seeking legal advice. Consult with a qualified attorney (intellectual property law) licensed to practice law in Texas.