Do I need a contract for an event? Help!

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

04/10/2005 01:16:55 AM · #1

My wife works for a non-profit drug and alcohol rehab center. They are having a 15 year anniversary event for their half way house. I have been, umm, volunteered to photograph the event. For free (wait till the next time my wife asks me how i'm paying for camera stuff....)

So I have not communicated with them on this - it is not until mid-july, and will be a good portfolio thing for me, and networking wise a good thing (they are the second largest employer in the county) for me as well.

I figure i need to contact the person in charge...introduce myself, ask what they are doing (speakers and a BBQ so far is all i know) - i'd like to have a contract allowing/assuring me the right to use them for portfolio/promo purposes, and to find out if they want prints, files, or if i can 'cover the event' for local newsmedia ....

Can anyone point me in some direction on this...are the pics theirs cause they are hiring me, or what?

Dr.Confuser

Nikon D800

04/10/2005 01:23:21 AM · #2

Remember you'll need a release from each person photographed where you want to use the photo for commerical purposes. Maybe you can work with the organization to work a release into the organizing details (e.g. invitation, or tickets).

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/10/2005 01:25:19 AM · #3

Have a written contract specifying that you control the photos, and to what use you can put them -- further commercial use by you would still require releases from recognizable individuals.

Have everything in there -- it's just like a wedding or any other event. Look up some of the threads on wedding photography for more tips and pitfalls.

If they are a tax-exempt non-profit you maybe be able to set up a regular fee-based contract, then waive the fee and take a tax deduction instead.

nsbca7

Mattel Barbie Photo Designer Digital Camera

04/10/2005 01:26:09 AM · #4

The images are yours unless you sign a contract stating otherwise. You need no permission or release to simply use the images for your own portfolio. It is always a good idea, though, to get model releases from any one you photograph when ever you can just in case an opertunity does arise when you may wish to use one of the images in a different manner.

kiwinick

Sony DSLR-A550

Sony DT 18-70mm f/3.5-5.6 Aspherical ED Zoom Lens for Sony Alpha

04/10/2005 01:26:51 AM · #5

I assist a fiend who does this type of work, She photographs for no cost to the organisations but sells the prints to the participents on the night. She makes it clear she owns the copyright and intellectual property on all images prior to the event.This covers her should she wish to use images for publication etc.

04/10/2005 01:34:54 AM · #6

Originally posted by Digital Quixote:

I understand the theory on this, but on EVERY wedding photographer's site you see photos from weddings, most or at least many with lots of people in them - since these photos are being used in advertisements, are they not therefore being used commercially? (as opposed to editorially or in a porfolio that is being used like a resume or sales presentation) Wedding contracts I have seen state that the pics may be used for such purposes, but only the B&G sign it. So are all those happy folks in teh pics being 'violated', rights wise?

Message edited by author 2005-04-10 01:36:17.

04/10/2005 01:43:13 AM · #7

People photographed during a public event or in public (on the street, at a park) have no recourse. Use in your portfolio is generally going to be cool. Most people are complimented by that especially if the shot is good. Speakers at an event sponsored by profit or non-profit org's can reasonably expect to be photographed. To cover yourself, since you are not getting paid anyway, why not turn over the images on disk to the sponsor and allow them to print the ones they want and be responsible for choosing which images are newsworthy and give you the photo credit. The org usually knows who the people are and it is easier for them to get permission to publish if that is necessary. Thats a win_win for you. You get to be the good guy and get the credit. Make a work order up for the client and have them sign off. As an agent of the sponsor you are set.

04/10/2005 01:51:46 AM · #8

Good idea - simple too. One caveat no one considered, but was brought up by a friend i was chating with (not a photographer) but drug and alacohol facilities have to by law keep the identities of their clients/patients 'secret' unless the patient/client signs a release. this could make photography a tad dicey at times...my wife will have better handle on this, so i'll talk with her in the morning about it.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/10/2005 02:01:16 AM · #9

Another good reason to throw the responsiblity of publication back to the client, in this case. Also if it is a large event and private, you would have to have an entire crew just to get releases signed or publicise the fact that you would be there taking images. Then just try to figure out for yourself who you can and cannot shoot and/or publish.

GeneralE

Canon PowerShot S3 IS

04/10/2005 02:01:52 AM · #10

Originally posted by Prof_Fate:

Very true, confidentiality laws are pretty strict. I'd try to shoot only staff unless they make advance arrangements to get you releases.

Dr.Confuser

Nikon D800

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

04/10/2005 10:19:38 AM · #11

Originally posted by Prof_Fate:

Originally posted by Digital Quixote:
Remember you'll need a release from each person photographed where you want to use the photo for commerical purposes. Maybe you can work with the organization to work a release into the organizing details (e.g. invitation, or tickets).

I understand the theory on this, but on EVERY wedding photographer's site you see photos from weddings, most or at least many with lots of people in them - since these photos are being used in advertisements, are they not therefore being used commercially? (as opposed to editorially or in a porfolio that is being used like a resume or sales presentation) Wedding contracts I have seen state that the pics may be used for such purposes, but only the B&G sign it. So are all those happy folks in teh pics being 'violated', rights wise?

I'm not sure but I suspect the wedding photographers contractually reserve the right to use photos for promotion as long as they are not sold. Hence using them on a web site to promote the photographer wold be within their rights. Let's hear from some folks who shoot weddings for fun and profit.

04/10/2005 03:13:30 PM · #12

I don't want to mis_state anything so I am checking into it, but regardless, if one is going to use a wedding image for promotional use it will generally be of the bride/groom and/or their wedding party. As an agent of the B&G, with a contract filled out, signed, stamped and dated, the photog is working as a professional and the parties photo'd know that and are basically under a verbal(sometimes even written) contract to be photo'd via the B&G and their participation. No Photog in their right mind would work otherwise, let alone display an image publically that they did not first know they had the right to use, i.e. In the case of mass publication in a periodical, I would always seek releases from the parties regardless of my legal right (ownership) to use the image in such a way. Our contract clearly states that we have the right to use the images, in part or in whole..... for promotion blah blah blah

04/10/2005 11:40:49 PM · #13

Never assume what people in their right minds would do - they may not be in their right minds...
//www.wpja.com/for_the_photographer/join_wpja_organization/ - the bottom of the page:
WPJA ON COPYRIGHTS
Members must not infringe copyrights. Membership has been denied and revoked based on:

1. False representation of credits. VIEW EXAMPLE HERE (with photos)

2. Text on a web site that is not the ownerâ��s copyright. VIEW EXAMPLE HERE (with screen shots)

3. Many 'borrowed' web design elements. VIEW EXAMPLE HERE (with screen shots)

Go there and see the examples...unreal what 'professional' photographers will do/have done.
It's really funny, really...sad i suppose.