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The Vancouver Photography Meetup Group Message Board General Discussion › Offering photos as payment

Offering photos as payment

Trish
TrishR
Vancouver, BC
Post #: 596
Nick posed an interesting question this week regarding offering photos as payment for free cover charge when shooting bands during his recent Concert Photography Night Out Meetup.

The conclusion that we came to is that it's a great idea to offer this exchange. We recommend that members who attended and want to share photos use relatively "low res" versions for posting on the Photo Album. Bands can view photos that were taken at the shoot on the Photo Album for the event. If the band wants to use a photo they like, then they can ask for a high res version from the photographer member through the Meetup email system.

There are issues that we all need to be aware of when using the photos that we take of others, and when giving away our photos to others for specific purposes.

Could someone else jump in here that knows more about this, and provide some info on copyright and protecting ourselves when shooting events like this and also when offering our photos for use by others?

Thanks.
Confusion C.
user 3160827
Vancouver, BC
Post #: 249
According to CAPIC: As of now in Canada, photographers are the first owners of copyright works they produce, be it an artistic, personal, or the result of a commission, commercial photographers now automatically own the copyright and moral rights of their work.

This will apply to all new photos taken after the promulgation of the law and not to pictures produced before. Bill C-11 does, however, provide for exceptions. Certain people and institutions can use photographs protected by copyright without the permission of the photographer.

CAPIC still recommends that photographers draft a contract that specifies various business clauses, such as the use of images, licenses sold, payment terms, etc. It is always important to specify that the photographer is the first owner of the copyright of the images produced in the contract.

It is important to remember that a quote or an invoice is not a contract, even if it contains some elements of one.
Russ K.
user 3929906
Vancouver, BC
Post #: 378
It is important to note the difference between owning the copyright to a work, and having permission to use the image of recognizable people in that work for commercial purposes. You may own the copyright, but not the right to use the image of recognizable people. Except for some special purposes (like reporting news), your subjects have the right to control the use of their image. Get a release, in writing.
Russ K.
user 3929906
Vancouver, BC
Post #: 379
PS. In the specific case of the bands - if you made a deal with the band to exchange pictures for cover charges, you are (in essence) granting them the right to use your images. You may want to specify the exact use they are permitted, in writing. Note that you giving permission to them to use your images is not reciprocal - they do not have to grant you the same permission to use your own picture commercially.
Trish
TrishR
Vancouver, BC
Post #: 597
Hi Jason and Russ,

So, are we saying for the example of photographing bands, that in both cases, 1) using the photos that we take of others, and 2) giving away our photos to others for specific purposes, we should have something in writing for each?

For example, 1) we need to have an agreement in writing (a release) with the bands to shoot them and use these photos; and 2) we should have in writing what we are granting when giving hi-res photos to the bands when asked?

Thanks.
Russ K.
user 3929906
Vancouver, BC
Post #: 380
If you don't have (1) a release from the band, you cannot use the pictures for commercial purposes. Some other purposes are mildly ok - with the proviso the band may well ask you to withdraw your use. If you haven't spelled out your agreement (2) with the band for their use of the pictures, well, the problem is really theirs - since they don't have permission from you in writing for anything, you can simply assert your copyright at any time, and they will be in violation. They will hate you, though.

cheers,
Russ
Russ K.
user 3929906
Vancouver, BC
Post #: 381
PS. Note that enforcement of rights (should that become necessary) is entirely the responsibility of the party who feels infringed upon. That will require lawyers and fees - and therefore money. This is a major reason that infringed rights are often not prosecuted, except when there is money to be made.

cheers,
Russ
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