Copyright Question - DPChallenge Forums

Pentax DA 18-135mm F3.5-5.6ED AL [IF] WR DC

10/25/2008 11:42:09 AM · #1

I shot for a band last night and they want me to copyright the images in their band's name. I assume that means putting a watermark (or not?) on it in their name but I also think that there might be some paperwork involved. I've never shot for a band before so any advice from someone who has done business with bands before would be helpful. I'll check back in later today.
Thanks in advance!

fldave

Pentax K5II

10/25/2008 12:03:44 PM · #2

Sorry, never photographed bands, but I have been in a few... but copyright denotes ownership. Do you have a contract with the band? Who owns the use of the photos? As a contractor (photographer) for hire, you should own all pics and copyright them in your own name. If you are friends and are giving all rights to the band, then probably ok to copyright in the band name.

I would think that watermarking the photos is what they want, but the old-school way of documenting copyright is to send copies of the work (photos, cd, dvd, tapes) to yourself via registered mail and do not open. Store it away sealed in the event that there should be a need in court to verify the date the works were copyrighted.

Patrick_R

Canon EOS-60D

Canon EF 16-35mm f/2.8L USM

10/25/2008 12:07:12 PM · #3

No no no! lol copyright in your name. Those are your images. You and them need to come up with an agreement on where they are allowed to use them and whatnot. I'm in a band as well! New CD out soon! ends shameless plug

Bujanx

Canon EOS-400D Rebel XTi

Canon EF-S 18-55mm f/3.5-5.6 II

10/25/2008 12:15:45 PM · #4

Originally posted by Patrick_R:

Link us to some samples!

Bujanx

Canon EOS-400D Rebel XTi

Canon EF-S 18-55mm f/3.5-5.6 II

10/25/2008 12:16:30 PM · #5

Originally posted by Blue Moon:

I'd imagine that you own the images, so therefore they can't use them without your permssion. Unless you had some other agreement before hand?

ErikV

Nikon D7000

Nikon AF Zoom-Nikkor 70-200mm f/2.8 VR DG IF-ED

10/25/2008 12:50:28 PM · #6

Normally you as the photographer own the photos and thus the copyright, and most photography contracts keep it that way. Transfer of ownership and copyright to the people you photographed usually involves fees that are MUCH higher than those paid for standard photography arrangements where you keep ownership. The advantage of you keeping ownership and copyright is that you can at a later date (eg. when the band becomes famous) make more money from those photos, use them to market yourself, etc. On the other hand, if the band is already successful and offers you enough money, then it may be in your best interest to take that money now and forgo any possible future earnings from these photos.

Patrick_R

Canon EOS-60D

Canon EF 16-35mm f/2.8L USM

10/25/2008 12:53:58 PM · #7

Originally posted by Bujanx:

Originally posted by Patrick_R:
I'm in a band as well! New CD out soon! ends shameless plug

Link us to some samples!

Sample music? lol I might just do that. We are a hard rock band but I won't highjack this thread. now when I get some mixes back in a few weeks I'll start a thread I promise. or just keep checking for live scratch track studio stuff
myspace.com/deophobic

GeneralE

Canon PowerShot S3 IS

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

10/25/2008 01:09:22 PM · #8

I suggest you check out this thread and this Tutorial before going further.

The main legal issue is whether these were shot by you as an independent contractor or as an employee -- if the former you hold the copyright, if the latter they do. If you hold the copyright (as is likely if this was an informal arrangement) then you have the choice of licensing the photos to them while retaining (and registering) the copyright (preferable), or assigning the copyright to them, in which case you should retain a license from them to use the photos, at least for personal and promotional use.

Additional information on the issue of "works for hire" is available directly from the US Copyright Office -- just about all the forms and regulations are available as PDF documents or readable online.

Canon EF 24-105mm f/4.0L IS

10/28/2008 05:28:50 PM · #9

I don't have a contract with them and as of yet they have not paid me (nor have I given them any images yet). One of the members is a friend of mine but I'm not going to let that get in the way of legal ownership/copyright. I'm still not sure what the exact definition of a copyrighted image is though and how it can be used by another party...? I realize that I am the owner of the images but I'm not exactly clear on the boundaries of a copyright yet. They are just a local band right now so I don't think they can afford to "buy" the ownership. As for registered mailing, does that cost the $45 as listed in the tutorial?

DrAchoo

Panasonic Lumix DMC-LX5

10/28/2008 05:33:06 PM · #10

Originally posted by Blue Moon:

Maybe it would be easiest to figure out why this is important for them. Maybe they have a general misunderstanding about copyright...

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

10/28/2008 05:38:42 PM · #11

Originally posted by DrAchoo:

[quote=Blue Moon]

Maybe they have a general misunderstanding about copyright...

Yes, I think they do. Unfortunately, so do I :/

GeneralE

Canon PowerShot S3 IS

10/28/2008 07:19:35 PM · #12

Yes, registration costs $45/submission, but your submission can be as much as fits on a DVD (they can be resized smaller) as long as they constitute a complete "collection" -- for example, all your photos from this year (month, whatever).

Give them a fixed-cost, royalty-free license to use specific photos for a specific time. If you don't have a contract, you can write one up now, even if you've agreed on the price.

The typical stock cost for "selling" a photo (transferring copyright and/or giving an exclusive license to use a photo) is typically about $5000/image -- that should encourage them to look at a low-cost, non-exclusive license to use your pictures. :-)