Victory for Copyright Law: Winning the battle against notorious clients - Photographer Copyright
Victory for Copyright Law : Don't Get Roasted my Free Copy and Paste Document
James Nader & Team Nader
November 04, 2023
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Welcome to the first edition of our Toolbox Tuesday Newsletter, where each week, we dive deep into the world of photography. Whether you're a seasoned professional or just starting out, our newsletter aims to provide you with invaluable insights
"Victory for Copyright Law: A Personal Tale of Protectiveness and Persistence Where I Went for their Main Artery"
I Was Nearly Turned Over!!
Welcome to a chapter from my own book of experiences, a story where the might of copyright law emerged as the unsung hero. Let this be a lesson steeped in reality and pragmatism, for those navigating the complex world of photography rights.
It all began with a straightforward agreement. I had licensed images to a client for a campaign, specifying the duration and scope of their use. The deal was crystal clear: the images were tied to the brand which had commissioned them, nothing more, nothing less. But, as often happens in the fluid world of business, the client sold his enterprise, and the new owner, perhaps unknowingly, inherited more than just a company. (Be warned & be careful)
In the bustling world of online marketing, my photographs continued to grace their website and social media platforms, a silent testament to a forgotten agreement. It was through the keen eyes of colleagues and friends that I first became aware of this. A visit to the brand's digital presence confirmed it: my images were still in use, years after the ink had dried on our original contract. (My own fault you might say 🙂 )
This was a moment of reckoning. I reached out to the new owner, armed not with indignation but with education. I explained, with measured words, how the transfer of ownership did not equate to a transfer of image rights. The agreement was unambiguous, crafted with the foresight that my work's value doesn't diminish with time (I had not been perfectly clear but almost!)
The discussions that followed were a blend of assertiveness and understanding. Eventually, we reached a new agreement, respecting the boundaries set by copyright law. I issued an invoice, not just as a formality, but as a reaffirmation of the worth and longevity of my work.
This experience wasn't just about reasserting rights; it was a testament to the enduring value of photography. The images, though eight years old, were still a vital part of a brand's identity, and their continued relevance was a source of both pride and financial benefit.
This story is a reminder, especially to my fellow photographers, of the importance of clear contracts and the power of copyright. Our creations are more than just transient pixels; they are assets that, with the right protection and perseverance, can continue to yield rewards long after their initial release. So, as you venture into your next project, remember: the fine print matters as much as the fine art.
Use Copyright Agreements always in your work where you can agree them
Read On ⬇️
Photographing Protection: A Photographer's Guide
Photographers' artistic choices are protected by copyright law, not ideas, facts, or notions. Courts have recognised how photographers adjust lighting, direct subjects to pose, dress, and makeup, create scenes with props, find optimal camera angles, and make other compositional and directional decisions to express and convey different ideas, stories, feelings, and moments in their photographs.
The Art of Preserving Your Photographic Treasures
Digital photos, which reflect a brand's intellectual property, are critical for freelancers and small enterprises in the digital arena, much as tangible assets are for traditional business operations. The compromise of these assets may degrade a brand's image and stymie company progress, emphasising the need to safeguard them.
The good news is that content producers have an abundance of ways and services at their disposal to protect their digital assets from malicious users and unlawful use, safeguarding their sanctity against theft and fraud.
Framing Your Rights: The Ins and Outs of Photography Copyright Agreements
You Can use this but customise it for your own brand
Copy and paste this form
PHOTOGRAPHY COPYRIGHT AGREEMENT
This agreement is entered into between [Photographer's Full Name and/or Company Name], hereinafter referred to as the "Photographer", and [Client's Full Name and/or Company Name], hereinafter referred to as the "Client", on this [day] day of [month], [year].
1. GRANT OF RIGHTS:
1.1 The Photographer hereby grants to the Client a non-exclusive, non-transferable, and non-sublicensable right to use the photographs taken by the Photographer on [date of photoshoot] (the "Photographs") for [specific use or types of uses, e.g., advertising, promotion, etc.].
1.2 The Client acknowledges and agrees that the Photographer retains all right, title, and interest in and to the Photographs, including without limitation all copyright and other intellectual property rights therein.
2. RESTRICTIONS ON USE:
2.1 The Client agrees not to use the Photographs in any manner not expressly authorized by this Agreement.
2.2 The Client agrees not to distribute, sublicense, or otherwise make the Photographs available to any third party without the Photographer's prior written consent.
3. CREDIT:
3.1 The Client agrees to provide a copyright notice and credit to the Photographer in the following manner: [e.g., "© [Year] [Photographer's Name]. All Rights Reserved."].
4. PAYMENT:
4.1 In consideration for the rights granted herein, the Client agrees to pay the Photographer a fee of [£$XXX.XX].
5. TERM:
5.1 The rights granted herein shall commence on the Effective Date and continue for a period of [duration].
6. TERMINATION:
6.1 Either party may terminate this Agreement upon [e.g., 30 days] written notice to the other party.
7. GOVERNING LAW:
7.1 This Agreement shall be governed by the laws of the state of [Your State].
8. ENTIRE AGREEMENT:
8.1 This Agreement contains the entire understanding between the parties and supersedes any and all agreements, understandings, and communications between the parties relating to the subject matter herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
[Photographer's Full Name and/or Company Name] [Client's Full Name and/or Company Name]
By: _________________________ By: __________________________
Name: ______________________ Name: ________________________
Title: _______________________ Title: _______________________
Date: ________________________ Date: ________________________
Defining the Worth of Photographic Assets
The rise of social media and digital marketing has increased the value of digital assets dramatically. However, the actual value of digital goods extends beyond monetary considerations. Brand exposure, image, and authority all play essential roles in increasing the perceived value of unique digital content in the eyes of potential clients, investors, and target consumers.
The story is simple: digital assets and unique content are priceless for freelancers and small enterprises. But what are the consequences if these assets are not safeguarded? Unsecured digital assets are easy pickings for rivals, leaving content producers stranded and unable to recuperate losses through legal channels.
The Photographer's Protective Lens: Copyright Laws
Copyright registration is the cornerstone of preventing rivals from stealing digital assets. While copyright laws give fundamental protection from the time a work is created, registering with a copyright authority provides extra safeguards, including legal remedies against fraudulent copying.
Innovative Security Measures for Photographic Assets
Registering for copyright is a simple process, but it is only the beginning. A proactive strategy requires creating explicit contracts and agreements that define creative ownership of content, particularly when licencing work to third parties.
A solid licencing agreement should include the following provisions:
Where may the material be displayed?
An exact licence expiration date
Guidelines for Asset Modification
Promotional applications that are permissible and those that are not
Post-use asset storage and deletion procedures
Invisible Gallery Frame for Digital Security
In today's environment, protecting digital assets from data breaches and cyber-attacks is critical. Hackers' evil toolbox includes phishing, malware, ransomware, and password assaults, all of which are intended to steal, compromise, and damage digital data.
Today is the day to preserve your photographic legacy.
The preservation of intellectual assets is no longer a luxury in the digital arena, but rather a requirement. Misappropriation of original digital property can quickly lead to financial problems and harm a brand's reputation.
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