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10/16/2008 09:08:34 AM · #1 |
I recently went to see Scott Stapp (ex Creed lead singer) on a military base in Germany. I was originally supposed to be a volunteer photographer for the show but at the last minute the people in charge told me that a "real" Public Affairs Officer would be there to shoot so I would have to wait in line with everyopne else to take photos inside. Well, I did and got some awesome photos. Because Scott was so cool in putting on free shows to soldiers, family members, and DA civilians I wanted to share the photos I took on my website. There I would like to sell prints or downloads and give all profits to the Fischer House. (this is a place at the military hospital in Landstuhl, Germany that treat the wounded soldiers from Iraq and puts up the families of critically injured soldiers in the Fischer House free of charge). So here are the e-mails I have gotten so far;
Well, thanks for your service to our nation.
If you are a volunteer for the event coordinator, then the disposition - meaning the ownership should be by agreement between you two - IMHO. In other words, you take photos, give them to the coordinator and they publish the photo - as a promo, or alternatively, they sell them on eBay as an exclusive photo of Scott Stapp, maybe even autographed. Then back door, you place the same photos on your website and sell them to someone suspecting that they are buying an original - but later see them published elsewhere. This would be a problem.
On the other hand, if you are standing in line like everyone else, and taking photos from ten rows back - then your photos are yours to do with as you see fit. Donate the proceeds or donate the photos.
Best wishes.
Rob Dozier
Webmaster
ArmyMWR.com
Family and Morale, Welfare and Recreation Command
"Soldier and Family Strong"
and then;
Oh, but if you work for MWR, then you are a part of the Army Civilian Corp, and therefore, your photos are the property of the U.S. Government...
Rob Dozier
Webmaster
ArmyMWR.com
Family and Morale, Welfare and Recreation Command
"Soldier and Family Strong"
So does this mean that if I paint a picture on post it also belongs to the Government? And by-the-way photos were allowed to be taken during the concert. I have asked Mr. Dozier to provide me with the regulation that states this but have not recieved it yet. This just doesn't sound right...... Ok as I am typing this I got his response and here it is;
I don't know - under copyright laws the The U.S. Army is not permitted to copyright their own text, or photographic images produced within the federal workforce or at an Army installation. Therefore these images and text would become in the "public domain."
But I am not an attorney. The question becomes, if you take 'em, can you copyright 'em. This will be determined by your proof that when you took them, were you working for the U.S. Army or working for yourself. I can't answer that question.
Bottom line is, if they are public domain, then you can publish.
Rob Dozier
Webmaster
ArmyMWR.com
Family and Morale, Welfare and Recreation Command
"Soldier and Family Strong"
Any feedback on this would be cool.
Message edited by author 2008-10-16 09:09:33. |
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10/16/2008 09:40:44 AM · #2 |
| You need to ask an attorney. |
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10/16/2008 10:03:35 AM · #3 |
Violinist123 is 100% right, and further, seek guidance from one experienced in such matters. (Military law and copyright law.)
Did you take the images with your own camera, on your own time?
If you were on the payroll and especially using their equoipment, the image copyright is not yours.
If I do something creative at work, on company time, it isn't mine. It belongs to the company. If I use my equipment, and do it on my own time, and did not use company resources, it is mine.
Again, I am not lawyer, but do deal with this a bit. If you want to sell the images, you really do want to talk to someone who is an expert. Otherwise you could have other, unfriendly, experts knocking at your door.
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10/16/2008 10:25:40 AM · #4 |
| GeneralE knows a lot about copyrights and all those thingymagigies, I would ask him too. |
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10/16/2008 10:42:24 AM · #5 |
| I was on my own time with my own equipment. |
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10/16/2008 11:41:48 AM · #6 |
Originally posted by david1707:
I was on my own time with my own equipment. |
well I dont think that just because you are in the army that means all of your photos belong to the Army. IF you took them while on duty, with army property,etc.. then I can see them saying that.
I would ask an attorney, but seems those are YOUR copyrighted photos. |
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10/16/2008 01:49:17 PM · #7 |
Originally posted by JulietNN:
GeneralE knows a lot about copyrights and all those thingymagigies, I would ask him too. |
Thanks, but I may pass the buck on this one too ... though, if you were on your own time and using your own equipment, then the copyright is likely yours.
However, that doesn't automatically mean you can use the photos any way you like; for example, you cannot post these as stock images without a release from the subject, except for "editorial" use (as in a news article about the concerts). You probably can sell individual "fine art prints," but not print up bulk-produced items such as posters or greeting cards.
For more information, you might want to get the Legal Handbook for Photographers by attorney Bert P. Krages, or one or more of the books on copyright/IP law from Nolo Press; maybe check first to see if your library(?) has them. |
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10/16/2008 03:02:08 PM · #8 |
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