School Paper and Copyright...Again

Got an email from the attorney today. He called Monday and got the machine, he left a message asking my adviser to call him back. As of the email today, 2:00, he hasn't heard back. My attorney said he was headed into the meeting for the rest of the day and he would try again tomorrow.

While no real progress here this is making me think that they've realized they messed up. Granted I'm sure the adviser is busy, but no call back after a day and a half is a little interesting.

malibubts wrote in post #13405492
Got an email from the attorney today. He called Monday and got the machine, he left a message asking my adviser to call him back. As of the email today, 2:00, he hasn't heard back. My attorney said he was headed into the meeting for the rest of the day and he would try again tomorrow.

While no real progress here this is making me think that they've realized they messed up. Granted I'm sure the adviser is busy, but no call back after a day and a half is a little interesting.

Don't worry. I am pretty sure the advisor isn't allowed to answer calls from another parts attorney on his own. So if he has picked up the message, he first have to arrange one or more meetings internally before he either get the company of the university lawyer or have to to drop out of the loop completely.

As a retred atty..........

"Don't worry. I am pretty sure the advisor isn't allowed to answer calls from another parts attorney on his own. So if he has picked up the message, he first have to arrange one or more meetings internally before he either get the company of the university lawyer or have to to drop out of the loop completely."

I'd say that is a pretty good summary of the situation. Justice takes time.

I'd also say in the mean time (I haven't reread all the stuff above in a few days)..... Stop giving them new photos. If you do .... It tends to show that you AGREE with the school's policy....

Nice to have a lawyer that emails you back.....

Mark H

any updates?

Hope all is going well!

I've got two updates here from my lawyer. They were both along the same lines so I just waited to post.

I got a call from him early last week about the situation. He ended up talking with the legal adviser for The Lantern and not the adviser. The legal adviser said they would draw up a license agreement for me to use the photos from them in a certain manner but they still retained copyright. He also told my lawyer that he knew they weren't working with copyright law correctly and they are working on taking care of the problem. I asked my attorney to get back with them and see if they would accept a license given to them where I retain the copyright. I just got this email from him today.

So I guess I'm going to give this a couple days thought. Part of me feels that it's really not that big of a deal in the long run and I'm still able to display the images on my site but with a little alteration of the description. But the other part of me still feels like I'm being taken advantage of here. And If I do stop working with them I can't decide how far to take it. Do I just leave it alone, send them a DMCA notice to take down my material that they still have on their site, prevent further use, or do I full on sue them...

Also does anyone know if an educational institution can make this a requirement to participate? The attorney I spoke with at the SPLC last spring brought up something about that the Lantern couldn't say you have to sign away your copyright to work for us because it is an educational program. I'm going to ask my attorney about this, but I still figured I'd get your input.

It just seems like any way I choose to go about this it's going to be a loss. What would you guys do in this situation?

We told you from the beginning that you'd have to give up working for them if you wanted to retain your rights.

Actually there is a work around. WHen you shoot, put it on burst and get a burst. Give them some "B" images and keep the "A" images for yourself....

I always hang onto the good ones (which get sold) and the ones that get posted on the web or sent in mass emails to my friends are not nearly as good as those are....

Also lower the size and DPI for the ones you give to them...

Not really ethical to do this, but then what they are doing to you, well you should be married in at least 48 states for that to happen.......

Mark H

malibubts wrote in post #13471251
Also does anyone know if an educational institution can make this a requirement to participate?

IANAL, but here are my insights: it's a public university, yes, but it's not a course, you're not being denied a degree, and if you want to shoot for them you need to abide by their rules. Yeah, it sucks, but the university does have some control over how the newspaper operates (budget, advisors, etc.) even if they don't have editorial control.

Other public university programs have "requirements to participate" as well. See football programs for a prime example...

P51Mstg wrote in post #13471343
Actually there is a work around. WHen you shoot, put it on burst and get a burst. Give them some "B" images and keep the "A" images for yourself....

Not really ethical to do this

This is also an option, but, agreed, not terribly ethical...

Can you contact a local paper and get press passes from them? I bet a local paper will pay more than what the school is paying you.

Eric-

If you agree to their amended policy which still gives them copyright ownership of the images-then you have not really achieved anything. Their policy needs to change and could easily change for everyone but they choose to ignore the law, established industry practices, and threatened you with legal action. Is this really an organization you want to work for?

-Scott

sspellman wrote in post #13472278
Eric-

If you agree to their amended policy which still gives them copyright ownership of the images-then you have not really achieved anything. Their policy needs to change and could easily change for everyone but they choose to ignore the law, established industry practices, and threatened you with legal action. Is this really an organization you want to work for?

-Scott

agreed

BLD_007 wrote in post #13472289
agreed

Seconded.

They acknowledge that they do not comply with copyright law.

They should therefore not be talking about making an individual agreement with you, they should be changing their working policy so that it complies with the law.

Now, if you were to talk to all of the other togs that submit to the Lantern and point them at this thread it is possible that the supply of images to the Lantern may just dry up.....

P51: Not something I really want to mess with. They will be watching my site I'm sure if I do decide to continue working with them so it wouldn't last long anyway.

Burning: That's what I figured but the attorney I spoke with from the SPLC last spring mentioned something about it. I went ahead and asked the attorney I've been working with so we'll see what he says.

BLD: I can try papers but I don't know how far I'd get. Most of the papers are pretty big and have staff photographers that cover all of the sports here, which is mostly what I shoot with The Lantern. I might try and find some smaller papers or maybe a blog that needs some help in the photo department.

Spellman: That's exactly my line of thought right now. I've been nothing but great to them and they are treating me like garbage. I mean I only want to retain the rights, which isn't out of the question, and they freak on me.

Nightstalker: 'It's too much work' for them. I indeed agree with you, they should be trying to get complicit in the law and not take advantage of students. And I'm actually considering that, and not as like an a**hole move or anything. I'm sure none of the photogs there have any idea that they are 'surrendering copyright' to The Lantern by taking photos for them.