public job questions. HELP!
kessleraz
Registered Users Posts: 18 Big grins
Here is my problem. I am hoping that someone can help me. I was just hired by the city that I live in to shoot photographs at their public events. I have a few questions about this though.
A) We have agreed (verbal so far) that we will co-own the copyright to all photographs taken. They only want general photos. Therefore they agreed that what ever personal photos that I take I can then sell to the individual. Sounded great! BUT... do I then need to stop them at the event and get releases signed, am I free of this clause because they are at a public event?
What kind of contract can I have the city sign stating that they agree to co-own the rights to the images? If I take a photo of an individual watching a concert, do I then need to go get that persons name, so that in the event the city uses that image in publication they can identify them?
C)If I am being paid by the city in order to do this job can I then limit their usage ability? I think I need a strong contract stating what both of us can do and not do with the images.
If there is anyone that can help me with this I would so apprieciate it! I need this info ASAP as my meeting is in 4 days with the city director!
A) We have agreed (verbal so far) that we will co-own the copyright to all photographs taken. They only want general photos. Therefore they agreed that what ever personal photos that I take I can then sell to the individual. Sounded great! BUT... do I then need to stop them at the event and get releases signed, am I free of this clause because they are at a public event?
What kind of contract can I have the city sign stating that they agree to co-own the rights to the images? If I take a photo of an individual watching a concert, do I then need to go get that persons name, so that in the event the city uses that image in publication they can identify them?C)If I am being paid by the city in order to do this job can I then limit their usage ability? I think I need a strong contract stating what both of us can do and not do with the images.
If there is anyone that can help me with this I would so apprieciate it! I need this info ASAP as my meeting is in 4 days with the city director!
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Comments
A. A release is for commercial images. If you plan on selling the image to a magazine, the editor would need the release. I suggest that you read when you need a release
B.-C. The contract can be whatever you agree upon. Remember that the "city" is the client and paying you for your service. They seem to be very generous in allowing you to use the images also. When writing the contract, I suggest that you remember that.
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What I am wondering though is that since it is a city event on city property (City park) Then I do not need any releases?
What can I include in the contract for the city stating that we co-own copyright to the images and for them to give me credit as photographer if the image is used.
This would be an awesome deal if I can figure out and stop stressing over all the legal stuff.
It's great that they will let you retain co-copyright, but that can become confusing, especially when it comes to deciding which photos were taken on their dime and which were taken on yours.
I would suggest that you retain full copyright to the photos- it can get confusing down the line when 2 parties co-own the copyright. For example, if you make any money on the photos, will you have to split the profits with the other party since they co-own the copyright? If you enter one of your photos in a contest, you will have to sign something stating that you own the copyright, but if the city co-owns copyright, will you have to get them to sign off on copyright as well?
If you do go this route, be sure you spell out IN DETAIL, EXACTLY how the co-ownership will work- for example, since they are co-owner , will you have to get written permission from them every time you want to license or use the photo?
I think it will be far better for you to retain copyright of all the photos, but then you can license them to the town, for free, for unlimited usage. That way the town will have full use of the photos, but the waters are not muddied by a co-copyright.
I would suggest obtaining releases , or at least names and contact information of any recognizeable persons in the photos. If, somewhere down the line, the town wanted to use those photos commercially, they will need a written release from the person ( or parent of a minor) in the photos. It is far easier to obtain the release at the time of the photo than trying to track down these people later.
It doesn't matter where the photos were taken, if they are going to be used commercially you will need a release.
If you do go the co-copyright route, I suggest you consult a copyright attorney to be sure your contract protects your rights.
Good luck!
I think we need to get some more information from you about the "hiring". Are you contracted by the city for photography services or are you becoming a city employee?
If the city is putting you on payroll, then you would be work for hire. If the city wants to contract your services, then you will need a contract to communicate expectations. Your state law would help you define copyright ownership and you would have to provide a contract as a means to communicate rights to the city for the pictures you take and give them.
Also bear in mind if you are being contracted for services, your city, county, and state may have rules concerning the establishment of a business for receiving payment for services. I recommend you take a peek at your local guidelines so you can perform the service legitimately.
- Mike
IR Modified Sony F717
http://2H2OPhoto.smugmug.com
Nothing is ever as easy as it seems at first blush, is it?