Do I own the copyrights or do they?

[TobinBennett]

Here is the situation. I was approached by an aquatence asking if I would be interested in shooting a swimsuit calendar of girls from a particular university. This person said this was there first time making a calendar and had absolutely no budget. This person also has a partner. I used to live in L.A. and shot many modeling portfolios for aspiring models and have since moved back to the midwest. Being that I miss shooting that type of stuff I told this person what the heck I'll do it for no charge and it would be a good portfolio piece once completed as I am still getting established. I told these two guys that they would have to pay for all my expenses mainly being gas and rental equipment (scrimjim frames with reflector and diffusion fabrics). After getting started I saw right away that this was going to be alot more work than anticipated as these guys didn't have a clue and obviously didn't do a casting for appropriate girls. It would take at least 4 days of shooting and I was feeling that I needed some compensation especially after the amount of work I put into it the first day. So I told the guys that we would have to rent the gear on another 3 occasions and instead of renting it they should purchase it as it would equal out to the total rental costs and I would keep the gear as compensation for shooting the calendar. Now the calendar is complete and getting ready to go to press this week. I noticed that on the front of the calendar layout they are claiming copyrights to there business name. They are also requesting full res. files of the final images which I will not give to them. With all this at hand I also need to mention that this was all word of mouth and there has been absolutely no paperwork or contracts brought into this. They are claiming that I am a work for hire and they own the copyrights to the images.

So where do I stand? Thanks for being patient with the long winded story.
If anyone wants to see the final images let me know and I will get them posted somewhere.

Tobin

You own the copyrights but you also know that everyone here is going to say "we told you to get it in writing and clarify everything up front." If your clients don't have a clue then you should have the upper hand if you refer them to any copyright law.

I wonder how they will print the calendar without access to the high res images? Another reason why you need paperwork should your trusted client dupe your copyrighted images and reuse or resell them without payment.

You may have to compromise in this case and chalk it up to being a learning experience for all involved. But they should be compromising with you as well, because it sounds like a clusterf@%#.

I hate to ask... were any of the girls underage and do you have real modeling releases that protect YOU?

[John_Vito]

> Now the calendar is complete and getting ready to go to press this week.

Burn a cd real quick of all the images and overnight to the copyright office via USPS and get a reciept. Since the images haven't been published yet you'll be protected by the copyright law and if you should go to trial and win your client will pay for all legal fees plus "damages".

With that said you have the upperhand as they need the high rez images. Try to negotiate something that will benefit both of you if possible. Funny they don't have any money to pay you, but have enough money to print a calender and I'm sure hire a lawyer.

Frank raises a good point about model releases. Who has them and are they made out to you or your client?

[ QUOTE ]
Burn a cd real quick of all the images and overnight to the copyright office via USPS and get a receipt.

[/ QUOTE ]

Just a reminder that the Copyright Office is still experiencing what they refer to as a "mail disruption." This means that anything sent via U.S. Mail is irradiated off-site to protect against any bio toxin.

DHL, FedEx and UPS packages are not sent off site for this treatment.

Make sure that your copyright submission is sent via one of these express carriers. Your effective date of registration will be entered on the day it was received in D.C. The U.S. Mail option will delay your registration and in your case time is of the essence. Confirm delivery via the website of the express courier and save a copy.

Your situation is bad and seems like it will get worse before it gets better. Make sure that you have a bullet-proof release and that you have CYA with ages of talent. How about a photocopy of the subject's ID's? It's not too late to get them is it?

[John_Vito]

Excellent info Steve!

I did not know about mail sent via U.S. Mail is irradiated off-site to protect against any bio toxin.

Your tax dollars at work:

http://www.copyright.gov/mail.html

Due to a substance that sounds like "aunt tracks"

[Barry_M_Robinson]

Hi Tobin,
You own copyright. It is NOT a "work for hire" arrangement since you did not sign anything PRIOR to beginning work ("if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire...."). See the U.S. Copyright Office webpage for details. Look under "Copyright Basics" Who Can Claim Copyright? Register your copyright now.

They will require model release to publish. For information about model releases see "The Substantive Law Behind Model Releases" by J. Jason Sims. If you can, track down the models and get them to sign a model release now releasing the right to reproduce the image to YOU. You can find release forms here at the NPPA Independent Photographer's Toolkit Photography Releases.

Final word of advice. If you want to be a professional find out everything you can about copyright, privacy and personality rights, contract law and professional business practices. Put everything into writing and get your client to sign BEFORE you begin work. Written, signed contracts enforce your professional status and help to reduce misunderstandings.

Barry M. Robinson