Archived posting to the Leica Users Group, 2001/05/22

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Subject: Re: [Leica] an ethical question....
From: Mark Rabiner <mark@rabiner.cncoffice.com>
Date: Tue, 22 May 2001 00:16:10 -0700
References: <3.0.5.32.20010521010235.00cfb730@mail.netonecom.net> <3.0.5.32.20010522023313.02f24ae0@mail.netonecom.net>

><Snip> 
> 
> Yup, I used preprinted wedding contract multipart forms that covered all
> the bases -- everything from my display rights to payment schedules (each
> step of the way there was enough of a payment made so that if the client
> went flakey I'd at least have my costs covered).
> 
> >I have the impression that all to often photographers are abusing this
> >simple rule when I wander around and see wedding pictures hanging in their
> >shop window... If only people were more aware of their rights... :-)

This stuff on the contract is done at the risk of appearing to be
confrontational and combative.
It informs them though of the rights you as the photographer already have and
should be stated as such. It's not a SPECIAL contract. You are not asking for
more than the copyright laws of most of the free world already gives you. But it
will appear shocking to them at least at first.
Is it best that when someone hires you they find out the don't own the copyright
to the images you are being hired to produce for them right up front or later on
when they see it in your window or somewhere else?
I think it's smart to bring everything out in the open in the beginning. And
more honest.
Most Portrait and wedding photographers would rather just skip it.

Once in a blue moon you get a client who starts acting like they want to draw up
a special contract which "protects" them but in effect it just takes away your
rights and increases theirs.
You are basically really then being asked to give up your basic rights of copyright.
You just inform them that the terms of a contract are adjusted accordingly.
The ASMP guide recommends that when you do such a thing you triple your rate.
IBM used to always insist on the copyright to every shot they hired a
photographer to do.
Interestingly they also seemed very willing to pay the triple rate!
I'm sure that situation has changed!


Mark Rabiner

Portland, Oregon
USA

http://www.rabiner.cncoffice.com/

In reply to: Message from Ron Schwarz <rs@clubvb.com> (Re: [Leica] an ethical question....)
Message from Ron Schwarz <rs@clubvb.com> (Re: [Leica] an ethical question....)