Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Read More.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 11 Mar 2017 (Saturday) 14:34
Prev/next
sponsored links
(this ad will go away when you log in as registered member)

TV producer wants to use my photo, but who owns the rights?

 
Perfectly ­ Frank
Goldmember
Joined Oct 2010
Mar 11, 2017 14:34 |  #1

3 years ago I attended a car show and photographed a very famous custom car. I'm not a pro, just a bum with a camera who enjoys car shows.
Recently I received an email from a TV producer who want to use my photo in a TV episode that will profile the car and creator/builder.

I said sure and the producer sent me a material release form for me to sign. But the form says something interesting...

The undersigned represents and warrants: (i) that it has the full right and authority, either as owner or as agent of the
owner, to grant such permission to Producer in


The undersigned is me. But what does owner mean? Is it me, the guy who took the picture, and owns the picture, or is it the owner/creator of the car?
Note, this car and creator is world famous. And the car - and most likely the image or form or design of the car - is owned by a major movie studio.

So do I have the right and authority to grant permission to the producer to use my photo? Or does that permission have to come from the owner of the car?

What puzzles me is why the TV producer doesn't go to the movie studio to obtain images of this car. I'm sure the studio has a boat load of professional quality
photos of their car.


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)
Scott ­ Spellman
Member
Scott Spellman's Avatar
Joined Oct 2015
Royal Oak MI
Mar 11, 2017 16:44 |  #2

Any real opinion on a legal agreement should include the full text. For what you have provided above, yes it indicates that you are the owner of the photographs.




LOG IN TO REPLY
archfotos
Member
84 posts
Joined May 2016
Mar 12, 2017 07:11 |  #3

Perfectly Frank wrote in post #18298227 (external link)
What puzzles me is why the TV producer doesn't go to the movie studio to obtain images of this car. I'm sure the studio has a boat load of professional quality
photos of their car.

Maybe your image communicates a 'historical' aspect (in the loose sense only 3 years) that the car has been around to various car shows over the years. The studios can't go back in time.

You are going to get paid for the licensing of the image, correct?


DC Photographer (external link)

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 11:03 |  #4

The photo I took is of the Batmobile. Not a replica but the original built by George Barris.
The TV producer wants to use my photo in a TV show, and has asked me to sign a material release form.

But...the Batmobile has copyright protection, a court has ruled. So as a photographer do I have the legal
right to grant permission to another person to use an image of a copyright protected car?

Of course I took the photo, the photo is mine. But the subject of my photo is copyrighted.
Does the TV producer need my permission to use the photo, or must he get it from the copyright holder?

BTW...a correction...in my first post I said major movie studio. I should have said DC Comics.
And there is no money involved. I was not told I'd be paid for the photo.

Here's an interesting link...https://www.washington​post.com ...ml?utm_term=.5856fd​cf7961 (external link)


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
bpalermini
Goldmember
bpalermini's Avatar
Joined Mar 2011
Ashland, Oregon
Mar 12, 2017 12:01 |  #5

I am not a copyright attorney but It is my understanding that it would be the TV producer's problem to get approval to use the photo for his production, not yours.

- It is ok for you to take the photo.

- It is ok for you to share the photo with others for non-commercial use. He is asking you to certify that hold the copyright of the photo and you grant him the rights to use it.

- It is his problem to get the owner of the copyrighted item to let him use an image of it for his particular use.

If his TV show is journalistic he probably is ok without any consent from the batmobile people but if commercial he will need a release.


Bob Palermini
1DX, 14 Rokinon, 16-35L, 24-70L II, 100L, 70-200 IS 2.8L, 300 IS 2.8L, 400mm 2.8 IS II, 1.4xIII, 2xIII, 580EXII, YN560IV, RRS TVC23 + BH55, LRCC, Fuji X-E2, Fuji X30
My Web Site (external link) | My Sports Portfolio (external link)

LOG IN TO REPLY
Alveric
Goldmember
Alveric's Avatar
Joined Jan 2011
Canada
Mar 12, 2017 12:09 |  #6

Perfectly Frank wrote in post #18298227 (external link)
[..]
What puzzles me is why the TV producer doesn't go to the movie studio to obtain images of this car. I'm sure the studio has a boat load of professional quality
photos of their car.

Mabye because they wouldn't give him free photos?


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

LOG IN TO REPLY
Wilt
Reader's Digest Condensed version of War and Peace [POTN Vol 1]
Wilt's Avatar
39,150 posts
Gallery: 1 photo
Joined Aug 2005
Belmont, CA
Post has been last edited 8 months ago by Wilt. 6 edits done in total.
Mar 12, 2017 12:30 |  #7

You 'own' the photo as the person who shot the photo. You have 'copyright'. You can grant rights to a newspaper or magazine to use your photo in an editorial article to illustrate an event, for example. Or you could sell the photo to someone for use as wall art in their home or place of business

But YOU have NO RIGHTS to release the shot for use in any 'commercial publication' (magazine ad, TV ad, printed brochure, etc.) to 'promote' their business...that right belongs to the 'owner of the property' in the photo and/or the person depicted in the photo

So if the car show took place in Dullsville, and a TV station was shooting a travel program (TV journalism), and the program commentator 'discovers' the car show while in Dullsville, that is an editorial piece and your photo could be used by the station with only your permission to use it.
But if the Chamber of Commerce of Dullsville paid for a commercial to be aired on that same TV station, to promote tourism to Dullsville, that is 'commercial use' and owner of the car and also perhaps the organizer of the car show might both need to provide a 'release' in order for that to be used.


You need to give me OK to edit your image and repost! Keep POTN alive and well with member support http://photography-on-the.net/forum/donate.p​hp
Canon dSLR system, Olympus OM 35mm system, Bronica ETRSi 645 system, Horseman LS 4x5 system, Metz flashes, Dynalite studio lighting, and too many accessories to mention

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 12:30 |  #8

bpalermini wrote in post #18298821 (external link)
I am not a copyright attorney but It is my understanding that it would be the TV producer's problem to get approval to use the photo for his production, not yours.

- It is ok for you to take the photo.

- It is ok for you to share the photo with others for non-commercial use. He is asking you to certify that hold the copyright of the photo and you grant him the rights to use it.

- It is his problem to get the owner of the copyrighted item to let him use an image of it for his particular use.

If his TV show is journalistic he probably is ok without any consent from the batmobile people but if commercial he will need a release.

The TV show is not journalistic. It's about people who build custom cars - entertainment. And the show is very well known.

I think I won't sign the release form and forget about this. I wouldn't want to run afoul of the DC Comics people.
Thanks for your comments.


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 12:31 |  #9

Alveric wrote in post #18298829 (external link)
Mabye because they wouldn't give him free photos?

Exactly what I'm thinking.


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 12:33 |  #10

Wilt wrote in post #18298847 (external link)
You 'own' the photo as the person who shot the photo. You have 'copyright'.

But YOU have NO RIGHTS to release the shot for use in any 'commercial publication' (magazine ad, TV ad, printed brochure, etc.)...that right belongs to the 'owner of the property' in the photo and/or the person depicted in the photo

Makes sense to me. I'm telling the TV producer no.


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
Wilt
Reader's Digest Condensed version of War and Peace [POTN Vol 1]
Wilt's Avatar
39,150 posts
Gallery: 1 photo
Joined Aug 2005
Belmont, CA
Post has been last edited 8 months ago by Wilt. 8 edits done in total.
Mar 12, 2017 12:58 |  #11

Perfectly Frank wrote in post #18298853 (external link)
Makes sense to me. I'm telling the TV producer no.

You should simply point out that:


  1. it is OK with me for this shot to be used in 'non-commercial' (editorial) content programming, but
  2. it is "NOT MY SAY for the shot to be used in any 'commercial', in promotional footage...I do not have those rights, they belong to the show organizer and the car's owner"


...rather than simply saying 'No'.
If you write #2 on the form being signed by you, you are protecting yourself by putting the entire burden of legal compliance on the TV show! (keep a photocopy on file!)

You need to give me OK to edit your image and repost! Keep POTN alive and well with member support http://photography-on-the.net/forum/donate.p​hp
Canon dSLR system, Olympus OM 35mm system, Bronica ETRSi 645 system, Horseman LS 4x5 system, Metz flashes, Dynalite studio lighting, and too many accessories to mention

LOG IN TO REPLY
OhLook
Spiderwoman
OhLook's Avatar
15,174 posts
Gallery: 64 photos
Joined Dec 2012
California: SF Bay Area
Mar 12, 2017 13:12 |  #12

Perfectly Frank wrote in post #18298849 (external link)
The TV show . . . is very well known.

Then it's even less reasonable for the producer to ask for use of your work without offering something of value in return, apart from the issue of copyright.


PRONOUN ADVISORY: OhLook is a she. | A FEW CORRECT SPELLINGS FOR YOU: lens, aperture, amateur, hobbyist, per se, raccoon, whoa, more so (2 wds.) | IMAGE EDITING OK

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 13:44 |  #13

Wilt wrote in post #18298887 (external link)
You should simply point out that:


  1. it is OK with me for this shot to be used in 'non-commercial' (editorial) content programming, but
  2. it is "NOT MY SAY for the shot to be used in any 'commercial', in promotional footage...I do not have those rights, they belong to the show organizer and the car's owner"


...rather than simply saying 'No'.
If you write #2 on the form being signed by you, you are protecting yourself by putting the entire burden of legal compliance on the TV show! (keep a photocopy on file!)

I didn't simply say No...here's what I said...

I did some research on the Batmobile and found that it is copyright protected. DC Comics holds the copyright. A court granted copyright protection in 2015.

I may not have the right to grant you permission to use the Batmobile photo. So I have to say no and cannot sign a release.

I'm sure if you contact DC Comics they can provide you with many professional photos of the Batmobile.


My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
Perfectly ­ Frank
THREAD ­ STARTER
Goldmember
Joined Oct 2010
Mar 12, 2017 13:56 |  #14

OhLook wrote in post #18298901 (external link)
Then it's even less reasonable for the producer to ask for use of your work without offering something of value in return, apart from the issue of copyright.

I agree.

Although the chance of having my photo on a popular TV show was kind of exciting. Pretty cool, me thinks.
Oh well, it was not to be. -?

BTW here's the Batmobile photo. Not a great photo, just a snapshot...

IMAGE: https://c1.staticflickr.com/6/5608/15400101678_0ac842a9ef_b.jpg
[IMAGE'S LINK: https://flic.kr/p/psRx​Gs] (external link)Batmobile - 1966 TV Show Car - George Barris (external link) by bigbend700 (external link), on Flickr

My flickr albums (external link)
My Best Aviation Photos (external link)

LOG IN TO REPLY
Alveric
Goldmember
Alveric's Avatar
Joined Jan 2011
Canada
Mar 12, 2017 15:50 |  #15

Smart choice. What also PO'es me about these fellows is that they protect themselves like heck (nothing wrong with that), whilst leaving the onus entirely on the photographer (everything wrong with this!). If DC finds the use objectionable and sues, the telly fellows will simply point to the 'shooter' who will most likely not have an army of attorneys to counter DC's legal minions–in a nutshell: the photographer is raptus regaliter, whilst the TV people just do like Pilate.


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)

3,062 views & 10 likes for this thread
TV producer wants to use my photo, but who owns the rights?
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography


Not a member yet? Click here to register to the forums.
Registered members get all the features: search, following threads, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, settings, view hosted photos, own reviews and more...


AAA

Send feedback to staff    •   Jump to forum...    •   Rules    •   Index    •   New posts    •   RTAT    •   'Best of'    •   Gallery    •   Gear    •   Reviews    •   Polls

COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Privacy policy and cookie usage info.

POWERED BY AMASS 1.4version 1.4
made in Finland
by Pekka Saarinen
for photography-on-the.net
Spent 0.00114 for 6 database queries.
PAGE COMPLETED IN 0.05s
Latest registered member is comayjo
888 guests, 465 members online
Simultaneous users record so far is 6106, that happened on Jun 09, 2016