How do I tactfully tell a friend (copyright question)

[ldibo]

I did a portrait session for a friend. This is the release that I gave them:

I Lynn Bailey, release reproduction rights to xxxxxxxxx for printing, scanning or otherwise reproducing images from their portrait session on 07/19/2009 for their own personal, non-commercial use. All images are copyright ©2009 Lynn D. Bailey. All rights reserved.

I have found out that she entered one of my pictures in a contest. The rules state..Submitted photographs may not be digitally, or otherwise, altered. Any winning photograph found to be altered will be disqualified. Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest.

Now not only if the look at the exif will they see my name, not hers, but it's obvious that I altered the photo. How do I tactfully tell them without ruining our friendship?

[aroundlsu]

If it's a friend why don't you stay out of it? Why do you care if she entered it in a contest? How was it altered? Major or minor?

[jacuff]

You granted your friend reproduction rights for personal use.
Entering in a contest is a personal, non-commercial use.
Your friend decided to reproduce it by entering it into a contest.

You still own the copyright and have reserved all rights... except for the ones your released to xxxxxxxxxxxx. Next time, don't release any rights. However, if the rules of the contest is inconsistent with the rights you released (copyright grab for example), then go to the person running the contest and inform that the image should be withdrawn.

[Radtech1]

I Lynn Bailey, release reproduction rights to xxxxxxxxx ... for their own personal, non-commercial use.

Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest.


Sounds to me that she has the right.

I am not sure what the issue is. Is it your contention that a contest is a commercial use?

Please clarify your position.

Rad

[sapearl]

Maybe I'm missing something here Lynn..... is she claiming that THIS is HER work?

[ldibo]

Thank you for your responses. I've only been doing this for other people a short time so I guess I need some clarification. Who owns the photograph? I guess in thinking about it, I'm not that concerned that she entered it, however if I could get some clarification for future use that would be helpful. Does the photographer own the photograph or the model? The contest states that whomever enters the contest must own the photograph. I gave her the pictures on a cd for her to print her own copies. For future purposes, what should my copyright say instead? Thanks for all the help guys! And the contest was for a cash prize and publication in a book.

[sapearl]

Lynn, perhaps I was not clear. Is your friend claiming that she took the picture?

All competitions, exhibits and juried museum shows in which I've participated require that I be the owner/creator of the image. Regardless of what copyright says, why would your friend take your work, claim it to be her own (if that is what's going on here) and then submit it for cash competition?

Will she give you the prize if it wins? Sorry, but I'm really confused here. - Stu

[basroil]

You granted your friend reproduction rights for personal use.
Entering in a contest is a personal, non-commercial use.
Your friend decided to reproduce it by entering it into a contest.

You still own the copyright and have reserved all rights... except for the ones your released to xxxxxxxxxxxx. Next time, don't release any rights. However, if the rules of the contest is inconsistent with the rights you released (copyright grab for example), then go to the person running the contest and inform that the image should be withdrawn.

Personal use and most contest rules are mutually exclusive most of the time. We can't know without the full contest rules (OP, if you may, it would clear things up), but likely they included a transfer of rights clause, which would be against the "license".

Will she give you the prize if it wins? Sorry, but I'm really confused here. - Stu

I second this as a polite way to scold the friend... more or less a "thanks for entering the contest for me, tell me when i've won" type thing. Unless that person would sink in lead, everything will be solved.

[Karl Johnston]

If you report it to the contest; they'll disqualify her for infringement (or should) and you have your answer.

[jonwhite]

I think the OP needs to clarify if the contest was a model contest (ie the photo was just a means of showing herself off) or a photo contest where the actual picture capture was being judged... very different circumstances depending on which it was.

[Radtech1]

If you report it to the contest; they'll disqualify her for infringement (or should) and you have your answer.

Reading the first post, I can see that you expressed an interest is "not ruining our friendship". To go behind her back and report it to the contest will be seen as what it is: childish, petty, and craven, and will likely strain, if not ruin the friendship. This seems like bad advice and I recommend against it.

I think the OP needs to clarify if the contest was a model contest (ie the photo was just a means of showing herself off) or a photo contest where the actual picture capture was being judged... very different circumstances depending on which it was.

Very good point. What is this a contest of? It is quite possible that she it well within the rules of the contest. We just don't know.

And even if not, without addressing this in the contract, it still looks like she was within her rights to use the photo in a contest. Whether she violated the rules of the contest (or not, as in jonwhite's example) does not impact her right, as negotiated with you, to enter.

Unless she is presenting herself as the phonographer, then that falls under the umbrella of fraud, in which case you have to ask yourself "how big of a deal is this?"

Rad

[Tarzanman]

The reason why the contest has a rule like that is to protect themselves from angry photographers whose photos might be submitted without their consent or knowledge.

It is easier for them to disqualify a photo than explore questions as to whether the contest is a valid application of a particular 'license'. By saying that entrants must 'own' their submitted photos (and thus all the rights that accompany that photo), they avoid getting tangled up in rights disputes with 3rd parties

[RDKirk]

To answer your main question: You own the photographs. Owning the copyright is "owning the photographs."

You have merely licensed the use of the photographs to the model. Be sure your contract uses verbage to that effect: "License uses," do not "release rights."

Also, be sure to register your copyright. In the US, you can do this online at copyright.gov.

[Radtech1]

Be sure your contract uses verbage to that effect: "License uses," do not "release rights."

What the hell does this mean?? ?? ??

If you "License uses," to someone else, you are in fact "release rights" to the licensee for them to do whatever they want, unless prohibited by the agreement.

"License uses" and "Release rights" is the same thing! You are making a distinction without a difference.

Rad

[jacuff]

What the hell does this mean?? ?? ??

Ask your lawyer. ;)

In layman's terms...

Releasing rights == not able to "unrelease" them at a later time
Licensing == ability to revoke the license at a later time.

[RDKirk]

Ask your lawyer. ;)

In layman's terms...

Releasing rights == not able to "unrelease" them at a later time
Licensing == ability to revoke the license at a later time.

Correct. "Licensing" has a specific meaning that the federal copyright courts in the US have already defined. Technically, "rights" are not "released," they are "transferred," but you don't even want the word "rights" involved--that paints a gray area for the opposing lawyer to exploit.

Talk "license" and everything is clear.

[sapearl]

The OP has not come back yet to establish that this is in fact a "model" situation.

[ten1437]

so does anyone have a good example of a release for a client to print pics?

[sapearl]

I don't have one at my fingertips, but it's pretty common practice for a number of wedding and event photographers to include a text or "readme" file on the disk they provide to clients. It will say something on the order of "F. Stop Fitzgerald hereby grants the client permission to print the images on this disk...." or some such.

so does anyone have a good example of a release for a client to print pics?

[jacuff]

so does anyone have a good example of a release for a client to print pics?

Here's something I found on the web:


COPYRIGHTS: The photographs produced by Company are protected by Federal Copyright Law (Copyright © Company all rights reserved) and may not be reproduced in any manner without Company's written permission. Upon final payment by the Client, Limited Reproduction License of the resulting images will be transferred to the Client under the following conditions:

The Digital Files, Negatives and or Transparencies (slides) are licensed to the Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.

The Client must obtain written permission from and compensate Company prior to the Client or its friends and relatives publishing or selling the photographs for profit.

[ten1437]

Here's something I found on the web:

thanks! :D

[aroundlsu]

The OP has not come back yet to establish that this is in fact a "model" situation.

I would be interested to see this model photo that is being submitted and considered for an award.