Limited Contract

[ImageGroupPhotography]

has anyone here ever had to license your photos for the court room? I'm in that situation now and I need a bit of help. I need to "license" (for lack of a better term) a set of photos for the victims in the 2007 San Diego Wildfires. The catch is the same "pack" of attorneys for the defendants are trying to force me to turnover the photos in a case they are currently in against the PUC. Now I really want to help the homeowners because they have suffered the most and the energy giant is trying to kick them while their down. I just want to make sure that the homeowners attorneys don't inadvertantly release my photos to the wrong side here. I know both sides will have access to the photos during the trial but it's after that I want the photos returned and all copies prints and likeness of the photos back in my posession. Has anyone ever worked with any sort of contract for something like this?

[Josh101]

it sounds similar to my print proofing. after a client's shoot, i will send them prints for proofing, usually the prints are low-resolution and have my watermark plastered in dead center so that the clients do not misuse them. the client then has 3 weeks from the postage date to view and select photos and return them, if the photos are not returned in full or part, they will have to pay for each photo at the a preset rate. they do not get the final product until this the photos are returned or paid for.


for your situation, i would make prints, mostlikely 8x10's or 5x7's and make sure that you have your watermark on them. preferrably in the center as it makes it difficult to remove if the photos are scanned. in your license state that it is a limited license that expires on _______ date. state that the photos are to be postmarked by said date, and returned, if they need the photos longer than said date, they must contact you and receive written notice of an extension. also you should state exactly what this license can and cannot be used for. make sure that that is also states that in the contract that in the event the photos are not returned, what exactly they will be liable for (monitary value, copyright infringement, ect...). the last thing i can think of at the moment is that you will want to have both your signature as well as the lawyer's and his/her information, and you want to have a "witness" spot on the signature that way there is someone to convirm the authenticity if necessary

i would also suggest that you have your own lawyer review the contract first.

[tcphoto1]

I would be tempted to offer a license for a percentage of the settlement. That way, they have no out of pocket expense and will pay only if they win.

[RobNYC]

You have to be careful with photos if they are entered into evidence in a trial. You can't get them back if entered in evidence.

[radloser]

Attorneys will pay for them! I'm guessing this is some kind of civil case. You don't have to "give" them to anyone unless a judge signs subpoeanas for them. If they want them bad enough, they will pay. Don't discount them either, these attorneys are being paid boat loads to present their case.