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Thread started 22 May 2010 (Saturday) 09:06
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Event coverage and licensing question

 
cory1848
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May 22, 2010 09:06 |  #1

For those who shoot a lot of corporate event coverage, how do you handle the licensing of images? I have a corporate event I am covering this week and have been hired on to document this meeting. There are about 1000 people attending so its a good size event. They just want documentary style coverage. My question relates to the photos and them being used after the event. My standard release is that they can be used for event promotions and advertising but not for commercial gain without prior consent.

Wonder how you all list this in a contract? Do you just shoot and turn over all the photos and be done with it? or do you retain full copyright and license those photos? if the latter, then what are the licensing terms?

Thanks
Cory


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Dennis_Hammer
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May 22, 2010 09:21 |  #2

Unless you get a model release from each and every person in the photo you can only sell them as editorial. There won't be a lot of commercial value to them to begin with. And you retain all copyrights whether you turn them all over or not. When I am hired for an event I don't usually try and double dip the client who hired me by reusing the photos for anything other than portfolio use.




  
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cory1848
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May 22, 2010 09:23 |  #3

Dennis_Hammer wrote in post #10226313 (external link)
Unless you get a model release from each and every person in the photo you can only sell them as editorial. There won't be a lot of commercial value to them to begin with. And you retain all copyrights whether you turn them all over or not. When I am hired for an event I don't usually try and double dip the client who hired me by reusing the photos for anything other than portfolio use.

Not looking to sell them. Sorry if I didnt make that clear. My question for commercial use was on their end. I am concerned with them using a photo later on down the road for some major advertising blitz unrelated to this event.


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May 22, 2010 09:55 as a reply to  @ cory1848's post |  #4

My standard release is that they can be used for event promotions and advertising but not for commercial gain without prior consent.

"Advertising" would be for commercial gain.


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cory1848
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May 22, 2010 11:32 |  #5

RDKirk wrote in post #10226404 (external link)
"Advertising" would be for commercial gain.

Ugh.... that is from my standard release. I am looking to change that for this event, thus the post... Depending on how commercial gain is defined, advertising maybe excluded from that.


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Nightstalker
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May 22, 2010 11:35 |  #6

So they have booked you based on your current terms and you now want to change the terms of doing business.

Personally I'd cancel and give the job to someone else if they tried to pull that trick.

Also it makes you look unprofessional that you haven't thought out your T&C's beforehand.


  
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thebishopp
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May 22, 2010 12:40 |  #7

Your contract needs to state something along the lines that the client is responsible for the obtaining of any neccesary permissions for any/all commerical uses of the photos including but not limited to model & property releases and that they, the client assumes all liability for their use of said photos (good for situations where you can't go and get a release from a boat load of people).

Something like this maybe (it's an excerpt from my p.i. contracts):

I, We, Our, My heirs, beneficiaries, devisees, legatees, administrators, and assigns further agree to protect, indemnify, defend, and hold harmless said investigative agency, it’s owner, and/or its agents and authorized employees from any and all actions, causes of actions, claims, costs, damages, losses, liabilities (including actual attorneys’ fees) and demands of whatever type, wherever situated arising directly or indirectly from their investigation or use of information obtained through said investigation which I, We, have requested above.

Edited for photographer use:

The Client aggrees to protect, indemnify, defend, and hold harmless "YOUR COMPANY NAME", it’s owner, and/or its agents and authorized employees from any and all actions, causes of actions, claims, costs, damages, losses, liabilities (including actual attorneys’ fees) and demands of whatever type, wherever situated arising directly or indirectly from the Client's use of the photographs supplied by "YOUR COMPANY NAME".


And here's an excerpt from the one that came on the Photographers legal handbook (I think that's the title - and it's not as "wordy" as the one made for my p.i. contract):

Client Liability
Client assumes full liability for its principles, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for loss, damage or misuse of the Photographs. Client shall indemnify Photographer against all claims, liability, damages and expenses incurred by Photographer in connection with any third party claim arising out of use of said material hereunder.


And if you are just worried about them using the photos in the future for things not specified in your original contract you just throw some line in their about any useage not specified in your agreement must be negotiated with you prior to them doing it.

Of course when in doubt always have a lawyer go over your contracts (of course that won't protect you from being sued, it just might give you some piece of mind and maybe catch some loop holes in your agreements).


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cory1848
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May 22, 2010 13:35 |  #8

Nightstalker wrote in post #10226728 (external link)
So they have booked you based on your current terms and you now want to change the terms of doing business.

Personally I'd cancel and give the job to someone else if they tried to pull that trick.

Also it makes you look unprofessional that you haven't thought out your T&C's beforehand.

Where do you get this assumption from? I am in the contract stage. Talked to them about the job and now writing up the terms in a contract. Until a contract is signed, nothing is definite. Every job has different terms so thinking things out beforehand is a little difficult. As I am sure you know that...


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cory1848
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May 22, 2010 13:37 |  #9

thebishopp wrote in post #10226941 (external link)
Your contract needs to state something along the lines that the client is responsible for the obtaining of any neccesary permissions for any/all commerical uses of the photos including but not limited to model & property releases and that they, the client assumes all liability for their use of said photos (good for situations where you can't go and get a release from a boat load of people).

Something like this maybe (it's an excerpt from my p.i. contracts):

I, We, Our, My heirs, beneficiaries, devisees, legatees, administrators, and assigns further agree to protect, indemnify, defend, and hold harmless said investigative agency, it’s owner, and/or its agents and authorized employees from any and all actions, causes of actions, claims, costs, damages, losses, liabilities (including actual attorneys’ fees) and demands of whatever type, wherever situated arising directly or indirectly from their investigation or use of information obtained through said investigation which I, We, have requested above.

Edited for photographer use:

The Client aggrees to protect, indemnify, defend, and hold harmless "YOUR COMPANY NAME", it’s owner, and/or its agents and authorized employees from any and all actions, causes of actions, claims, costs, damages, losses, liabilities (including actual attorneys’ fees) and demands of whatever type, wherever situated arising directly or indirectly from the Client's use of the photographs supplied by "YOUR COMPANY NAME".


And here's an excerpt from the one that came on the Photographers legal handbook (I think that's the title - and it's not as "wordy" as the one made for my p.i. contract):

Client Liability
Client assumes full liability for its principles, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for loss, damage or misuse of the Photographs. Client shall indemnify Photographer against all claims, liability, damages and expenses incurred by Photographer in connection with any third party claim arising out of use of said material hereunder.


And if you are just worried about them using the photos in the future for things not specified in your original contract you just throw some line in their about any useage not specified in your agreement must be negotiated with you prior to them doing it.

Of course when in doubt always have a lawyer go over your contracts (of course that won't protect you from being sued, it just might give you some piece of mind and maybe catch some loop holes in your agreements).

Thank you! That is what I am looking for.


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