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Who Own's the copyright???

 
 
Patrick L.
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      04-15-2004

"Mark C" <(E-Mail Removed)> wrote in message
news:c5ma8t$35g47$(E-Mail Removed)-berlin.de...
> I was under the impression that the photographer owns the copyright to all
> photos taken whether he is paid by the client or not. Now I am also

under
> the impression the client has some rights as well and in order for the
> photographer to use the photo's he must get some kind of release, correct?
> And if the client wants sole use of the photo's they must get the
> photographer to sell his copyright to them, correct?
>
> Here is the question. In a situation where the client is unhappy with the
> result, and as a matter of policy the photographer refuses to accept

payment
> for the session (because he promises 100% satisfaction) Who owns the
> copyright to the photos?
>
> Your thoughts and opinions are most appreciated?
>
> Mark C
> Nashville,TN
>
>






Even without a prior agreement, by law, you have the originals, copyrights
are yours to keep, reassign, reassign with limitations, etc. , whatever you
want to do. Consult an attorney,



Patrick


 
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Mark C
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      04-15-2004
I was under the impression that the photographer owns the copyright to all
photos taken whether he is paid by the client or not. Now I am also under
the impression the client has some rights as well and in order for the
photographer to use the photo's he must get some kind of release, correct?
And if the client wants sole use of the photo's they must get the
photographer to sell his copyright to them, correct?

Here is the question. In a situation where the client is unhappy with the
result, and as a matter of policy the photographer refuses to accept payment
for the session (because he promises 100% satisfaction) Who owns the
copyright to the photos?

Your thoughts and opinions are most appreciated?

Mark C
Nashville,TN


 
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JR
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Posts: n/a
 
      04-15-2004
The photographer owns the copyrights. It's pretty simple. If the
photographer owns the film (or digital media) then he owns the
copyright. Now using that shot for commercial purposes is another
matter. The images cannot be used without a release form.

JR


In article <c5ma8t$35g47$(E-Mail Removed)-berlin.de>,
"Mark C" <(E-Mail Removed)> wrote:

> I was under the impression that the photographer owns the copyright to all
> photos taken whether he is paid by the client or not. Now I am also under
> the impression the client has some rights as well and in order for the
> photographer to use the photo's he must get some kind of release, correct?
> And if the client wants sole use of the photo's they must get the
> photographer to sell his copyright to them, correct?
>
> Here is the question. In a situation where the client is unhappy with the
> result, and as a matter of policy the photographer refuses to accept payment
> for the session (because he promises 100% satisfaction) Who owns the
> copyright to the photos?
>
> Your thoughts and opinions are most appreciated?
>
> Mark C
> Nashville,TN
>
>

 
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Barry Bean
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Posts: n/a
 
      04-15-2004
"Mark C" <(E-Mail Removed)> wrote in
news:c5ma8t$35g47$(E-Mail Removed)-berlin.de:

> Here is the question. In a situation where the client is unhappy with
> the result, and as a matter of policy the photographer refuses to
> accept payment for the session (because he promises 100% satisfaction)
> Who owns the copyright to the photos?


What did the contract say?
 
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Frank ess
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Posts: n/a
 
      04-15-2004
Mark C wrote:
> I was under the impression that the photographer owns the copyright
> to all photos taken whether he is paid by the client or not. Now I
> am also under the impression the client has some rights as well and
> in order for the photographer to use the photo's he must get some
> kind of release, correct? And if the client wants sole use of the
> photo's they must get the photographer to sell his copyright to them,
> correct?
>
> Here is the question. In a situation where the client is unhappy
> with the result, and as a matter of policy the photographer refuses
> to accept payment for the session (because he promises 100%
> satisfaction) Who owns the copyright to the photos?
>
> Your thoughts and opinions are most appreciated?
>
> Mark C
> Nashville,TN


I believe ownership defaults to the author if it is not otherwise
specified in the contract.

If the photographer is an employee of the "buyer", ownership resides
with the buyer: it is "work for hire".

I assume from your question that you had no written contract, and that
the photos are yours until the buyer accepts them under conditions of
your agreement. If they are no longer on offer, they remain yours.

See Yahoo! group Editorial Photo
<http://groups.yahoo.com/group/editorialphoto/messages>
<http://groups.yahoo.com/group/editorialphoto/database>
<http://www.editorialphoto.com>
for expert opinion.


Frank ess


 
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Barry Bean
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      04-15-2004
"Mark C" <(E-Mail Removed)> wrote in
news:c5ma8t$35g47$(E-Mail Removed)-berlin.de:

> Here is the question. In a situation where the client is unhappy with
> the result, and as a matter of policy the photographer refuses to
> accept payment for the session (because he promises 100% satisfaction)
> Who owns the copyright to the photos?


What did the contract say?
 
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Marvin Margoshes
Guest
Posts: n/a
 
      04-15-2004

"Mark C" <(E-Mail Removed)> wrote in message
news:c5ma8t$35g47$(E-Mail Removed)-berlin.de...
> I was under the impression that the photographer owns the copyright to all
> photos taken whether he is paid by the client or not. Now I am also

under
> the impression the client has some rights as well and in order for the
> photographer to use the photo's he must get some kind of release, correct?
> And if the client wants sole use of the photo's they must get the
> photographer to sell his copyright to them, correct?
>
> Here is the question. In a situation where the client is unhappy with the
> result, and as a matter of policy the photographer refuses to accept

payment
> for the session (because he promises 100% satisfaction) Who owns the
> copyright to the photos?
>
> Your thoughts and opinions are most appreciated?
>
> Mark C
> Nashville,TN


The photographer owns the copyright, if he is not being paid to make the
photos. In some cases, there is a contract that overrides that rule. Was
there a contract? That may settle the matter, depending on what is in it..
Declining an offered payment may not have changed the rules. Absent clear
contract provisions, thre matter is complex enough to require advice from a
qualified lawyer.

There is clear, detailed info on the U.S. copyright laws at
http://www.copyright.gov/.


 
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stan@temple.edu
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Posts: n/a
 
      04-15-2004
Mark C <(E-Mail Removed)> wrote:
> I was under the impression that the photographer owns the copyright to all
> photos taken whether he is paid by the client or not. Now I am also under
> the impression the client has some rights as well and in order for the
> photographer to use the photo's he must get some kind of release, correct?
> And if the client wants sole use of the photo's they must get the
> photographer to sell his copyright to them, correct?


> Here is the question. In a situation where the client is unhappy with the
> result, and as a matter of policy the photographer refuses to accept payment
> for the session (because he promises 100% satisfaction) Who owns the
> copyright to the photos?


> Your thoughts and opinions are most appreciated?


The photographer probably owns the copyright. I am not an attorney and free
legal advise is worth exactly what you paid for it. If you have a dispute
with a client, you need to consult an attorney who specializes in intellectual
property law.

 
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Mark C
Guest
Posts: n/a
 
      04-15-2004
There was no contract, per se'........just a verbal agreement on my fee and
cost of prints.......I have learned a valuable lesson........get it in
writing upfront!!!!
"Barry Bean" <(E-Mail Removed)> wrote in message
news:Xns94CC70DD74360eatmorecotton@207.14.113.17.. .
> "Mark C" <(E-Mail Removed)> wrote in
> news:c5ma8t$35g47$(E-Mail Removed)-berlin.de:
>
> > Here is the question. In a situation where the client is unhappy with
> > the result, and as a matter of policy the photographer refuses to
> > accept payment for the session (because he promises 100% satisfaction)
> > Who owns the copyright to the photos?

>
> What did the contract say?



 
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Paul Riemerman
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Posts: n/a
 
      04-15-2004
You as the photographer own the copyright, and the subject owns his or her
image unless a release is signed.

Paul Riemerman

<(E-Mail Removed)> wrote in message news:c5md4q$941$(E-Mail Removed)...
> Mark C <(E-Mail Removed)> wrote:
>> I was under the impression that the photographer owns the copyright to
>> all
>> photos taken whether he is paid by the client or not. Now I am also
>> under
>> the impression the client has some rights as well and in order for the
>> photographer to use the photo's he must get some kind of release,
>> correct?
>> And if the client wants sole use of the photo's they must get the
>> photographer to sell his copyright to them, correct?

>
>> Here is the question. In a situation where the client is unhappy with
>> the
>> result, and as a matter of policy the photographer refuses to accept
>> payment
>> for the session (because he promises 100% satisfaction) Who owns the
>> copyright to the photos?

>
>> Your thoughts and opinions are most appreciated?

>
> The photographer probably owns the copyright. I am not an attorney and
> free
> legal advise is worth exactly what you paid for it. If you have a dispute
> with a client, you need to consult an attorney who specializes in
> intellectual
> property law.
>



 
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