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antongorlin
30-11-2011, 6:04am
hello,
I'm working as a contractor for one company making some photos for them. And I wonder if I can showcase the photos created for them on my site. Not for selling, just like a piece of portfolio.

Here's a rights parts of the Agreement.

3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
3.1 Definition of Work Product. Photographer agrees to disclose in writing to Company all works of
authorship and other materials that Photographer may make, prepare or create, alone or jointly with others,
in connection with performing Services or that result from or that are related to such Services, whether or
not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection
(collectively, “Work Product”).
3.2 Ownership of Work Product. Photographer and Company agree that, to the fullest extent legally
possible, all Work Product will be works made for hire owned exclusively by Company. Photographer
agrees that, regardless of whether the Work Product is legally works made for hire, all Work Product will be
the sole and exclusive property of Company. Photographer hereby irrevocably and perpetually transfers and
assigns to Company, and agrees to irrevocably and perpetually transfer and assign to Company, all right,
title and interest throughout the world in and to the Work Product, including all patent rights (including
patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and
any and all other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”)
therein throughout the world. At Company’s request and expense, during and after the term of this
Agreement, Photographer will assist and cooperate with Company in all respects and will execute
documents, and, subject to the reasonable availability of Photographer, give testimony and take such further
acts reasonably requested by Company to enable Company to acquire, transfer, maintain, perfect and
enforce its Intellectual Property Rights and other legal protections for the Work Product. Photographer
hereby appoints the officers of Company as Photographer’s attorney-in-fact to execute documents on behalf
of Photographer for this limited purpose. Company shall have no obligation to exploit the Work Product or
the Intellectual Property Rights therein and the failure to do so shall not result in the reversion of any rights
therein to Photographer.
3.3 Moral Rights. Photographer also hereby irrevocably transfers and assigns to Company, and agrees to
irrevocably transfer and assign to Company, and waives and agrees never to assert, any and all Moral
Rights (as defined below) that Photographer may have in or with respect to any Innovation, during and
after the term of this Agreement. “Moral Rights” mean any rights to claim authorship of any Innovation, to
object to or prevent the modification or destruction of any Innovation, to withdraw from circulation or
control the publication or distribution of any Innovation, and any similar right, existing under judicial or
statutory law of any country in the world, or under any treaty, regardless of whether or not such right is
called or generally referred to as a “moral right.”
3.4 Related Rights. To the extent that Photographer owns or controls (presently or in the future) any patent
rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or
proprietary rights that block or interfere with the rights assigned to Company under this Agreement
(collectively, “Related Rights”), Photographer hereby grants or will cause to be granted to Company a nonexclusive,
royalty-free, irrevocable, perpetual, transferable, worldwide license (with the right to sublicense)
to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon,
distribute, sublicense, display, perform and transmit any products, software, hardware, methods or
materialsof any kind that are covered by such Related Rights, to the extent necessary to enable Company to
exercise all of the rights assigned to Company under this Agreement.


so, can I just show the photos or should they be watermarked or I cannot show them at all?

milesy
30-11-2011, 6:12am
im not a lawyer but i read that as the company will own the images - if you want to display them you need their permission

I @ M
30-11-2011, 6:13am
Within the bounds of the AP site rules (http://www.ausphotography.net.au/forum/misc.php?do=vsarules) ( #30 )regarding the offering of legal advice I would suggest that you need to take this issue to a qualified professional leagle eagle to get a clear determination of what you can or cannot do with any images.

If you have already signed this contract then you will be "stuck" with the terms unless you negotiate an after the event clause or if you haven't signed anything yet I would suggest that you have the aforementioned legal person negotiate with the contract supplier to include a clause whereby you can display your work.

Longshots
30-11-2011, 7:13am
Gee how on earth did you agree to that set of terms and conditions ?


I'm not a lawyer, and I'm not giving you advice. But I will give you my opinion on your question as I deal with this all of the time, and I'm a working photographer, and have 20 years experience specifically in the area of copyright, and in particular understanding these types of terms and conditions.

Mate, in short, you're screwed would be a blunt way of putting it. Its not difficult to read these terms (and they are tough), and it clearly says you cant use them.

Sure you could go and spend a few hundred/thousand with a lawyer, (who will probably have a limited knowledge of this particular field), but I'm sorry I think (opinion - not advice) that you would be wasting your money.

What could be learnt from this is to carefully read what you are agreeing to and if you HAVE to agree to them - do what Andrew suggests and get an additional clause put in which allows you to use the images that you created in your future portfolios.

Ok some Business advice here - this shouldnt be considered as legal advice as its to with your "business"

At this point my only suggestion is to approach the company that you are contracted to and simply ask them if you can use them for your portfolio/website. My experience is that many companies (out of sheer laziness) produce a "take everything" approach on the issue of copyright, when they dont really need to, and in many cases, dont even know thats what they've "demanded". You may be pleasantly surprised that they agree to that - IF THEY DO, then get the agreement in writing !!

HTH

Caring
30-11-2011, 12:44pm
I am a lawyer / photographer, but cannot give you legal advice for your particular circumstances so I advise that you seek an independent professional opinion.

My reading of the T&Cs is that you assign all IP rights in your Work Products over to the Company. This includes copyright.

As you no longer own the copyright, then the owner of the copyright (ie. the Company) has the sole and exclusive right to copy, publish, reproduce and licence the Work Products. In order for you to display the photos on your website, you need the Company to grant you a licence to do that.

antongorlin
30-11-2011, 4:15pm
alright, thank you guys. that's what I thought.
I will ask them.

as to why I agreed on these TC - because this was an area, where I had zero experience (interiors) and thus I could get new skills "for free" - i.e. without paying for trainings etc and earn some extra money :)

anyway, I will ask them and see what they say.

antongorlin
04-12-2011, 11:15pm
I've got an answer. They told me I can use photos for my portfolio on the site, but not sell them, which is a fair deal :)

ricktas
05-12-2011, 5:10am
I've got an answer. They told me I can use photos for my portfolio on the site, but not sell them, which is a fair deal :)

Get it in writing!

fairy bombs
05-12-2011, 9:02am
Get it in writing!


+1.in writing is the only way to go!

reflect
05-12-2011, 2:31pm
++ in writing or never be brave enough to check the mailbox or answer the phone again!

antongorlin
07-12-2011, 6:26pm
well...isn't an email sufficient? providing it was answered from the official "photography" manager

farmer_rob
07-12-2011, 9:39pm
Email is "in writing" IMO - it is the "over the phone" that can often be the issue.

Longshots
08-12-2011, 5:57am
yep email is in writing and is good enough IMHO as well

kiwi
08-12-2011, 8:12am
The only thing I'd add re email its not good enough just to print it out, keep the electronic email also as that's what has the source traceability on it.:th3:

Speedway
08-12-2011, 1:30pm
You can print out the source info as well.
Keith.

reaction
08-12-2011, 1:36pm
"all Work Product will be works made for hire owned exclusively by Company. ..., regardless of whether the Work Product is legally works made for hire, all Work Product will be the sole and exclusive property of Company"

They have some great lawyers.

the work is ours... regardless if the work is not legally ours, the work is still ours...

antongorlin
11-12-2011, 5:19pm
ok thanks everyone :)

Forevernowphotography
13-12-2011, 10:50pm
I find it best to always when first talking to a new client to talk to them about this issue so that it doesnt become a problem in the future