Articles on Photography Copyright?

I posted earlier this week about a client who is upset that I am maintaining Copyright of his wedding images. I tried explaining it to him, but his response was basically that he has friends who are photographers and they all agree he should have the copyright. I've been Googling to find articles to back my side of why I legally retain copyright but do give them a print release and personal usage rights. I do have the email from my lawyer that broke down this part of my contract for me that I could email him, but I don't want him knowing who my lawyer is and without that I'm worried it won't have much backing.

Does anyone have a good article I can send him? I found one on PPA but only members can read it. WPPI failed me. Specifically, I am looking for articles directly related to the legalities of wedding photography and why photographers usually retain the copyright or choose not to release it unless it's purchased.

Does he know you already have a lawyer? That in itself may make him back off...

Try this sorry the first link i posted was UK
http://www.ehow.com …raphy-copyright-laws.html

FlyingPhotog wrote in post #12601562
Does he know you already have a lawyer? That in itself may make him back off...

I told him that my lawyer drafted my contact (well, in reality he just gave me the same one I'm sure he gives the rest of his clients and charged me for writing it... haha!) and that I couldn't make any changes to the contract without first running it by my lawyer. I didn't even suggest charging for this since there's still so much left on my retainer and I really haven't had a need for a lawyer since I started my business!

His response was that he didn't want me consulting a lawyer since he just wanted some wording changed in my contract. I'm thinking he doesn't really understand 1) Why my contracts were drafted by a lawyer, 2) Why it needs to be amended legally, and 3) What a "lawyer" really does.

He also admitted that he didn't read the contract before signing it which is why this issue has come up now and was not discussed during the negotiation period. COMPLETELY my bad for not going over the contract with him, I know. This has just never been an issue. I've had clients read the Copyright portion and have needed to have it explained BEFORE signing, but never one after the fact and never one who didn't really "get" it after I tried explaining it.

I would draft one final email to him that the contract as signed stands and any further communication regarding contract adjustments must be through his and my attorney.

It sounds like he's just being a pest at this point and there's no sense wasting more time on him, IMHO.

Is it possible that he doesn't know what a "copyright" is, and is confusing it with a license? That happens more than people realize.

Two answers:

1. Get this book. It's easy to read, written by an extremely experienced IP lawyer and an veteran commercial photographer: http://www.amazon.com …oks&qid=1308277​859&sr=1-1

2. Join PPA. You'll be able to read that article, plus many more, especially with regard to the social photography business. In addition, PPA lawyers will write you a free lawyerly letter when you run into issues like that, and PPA's Indemnity Trust provides errors and omissions protection. But business information is the most important offering from PPA.

I applaud you for trying to educate someone, however if its a hassle just give up. Youre wasting your time "finding proof", this is the contract your lawyer wrote for your business, any requests for changes would need to be done in advance. He doesn't agree with that ? Tough.

He signed the contract, if he disagrees with it, he should not have signed it. If he wants out of the wedding, charge him wtv you must if anything and let him go.

If you've already done the work, get paid. Again he signed something legal, if he has any issues with the contract he shouldn't be arguing with you he should be putting his money on a lawyer.

Its fine to ask questions, have concerns, its another thing to debate a signed contract after the fact. I wouldn't be arguing with someone, its already signed. The arguing has to be done beforehand.

RDKirk wrote in post #12607109
Two answers:

1. Get this book. It's easy to read, written by an extremely experienced IP lawyer and an veteran commercial photographer: http://www.amazon.com …oks&qid=1308277​859&sr=1-1

2. Join PPA. You'll be able to read that article, plus many more, especially with regard to the social photography business. In addition, PPA lawyers will write you a free lawyerly letter when you run into issues like that, and PPA's Indemnity Trust provides errors and omissions protection. But business information is the most important offering from PPA.

I am a member of PPA, he is not. So I can read the article, he cannot. That's the issue. But thank you!

MurthaLawfirm wrote in post #12606897
Is it possible that he doesn't know what a "copyright" is, and is confusing it with a license? That happens more than people realize.

I'm fairly certain that is the issue. In fact, that's how I responded along with the first link given here. I didn't want to "talk down to him" by explaining it but once I did I think he got it. He said he knows what "Copyright" means but I really think he was confusing it with License (I use the term Personal Usage Rights in my contract). He was also confusing "Copyright" with "Sole Usage" which was also not the case since I do give Personal Usage Rights (Copyright License) to my clients.

But man, Google has taught me that some photographers and A LOT of brides have no clue what Copyright means! I came upon so many that give it away as part of their packages. I can't believe that! And sooooo many brides who think "Copyright" is "Print Right".

Ya I am with Case here..... Doesn't sound like he would take kindly to your education and since he has so many photog friends (where were they when he needed a photographer), he could probably hit you back with a longer article. Can't fight stupid with stupid...

"Invincible ignorance" is what you're dealing with. He doesn't want to be educated.