 Phil Pyle |
Copyright Laws & Verbal Contracts Last year, my sister asked me to take photos around her property. I was paid to take headshots of my family, but as for scenic/animal shots, I snapped away at will as she drove me around. Nothing was in writing about exclusive rights to them -- only a vague verbal agreement -- so we are at odds over which specific photos she has rights to, based on our agreement. Long story short, I sent one of the scenic photos to a friend, and my sister claims I infringed upon her rights. According to her, I was commissioned [without contract] to take photos of her property, so she owns the rights to them. Something tells me that's not how the law sees it. So my question is, how binding is a verbal contract with regards to who retains copyrights? Not that we'll take each other to court, but it will sure make our next family gathering a little tense!
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Mike Rubin |
If the property is recognizable in the photo, you would need a property release signed by the owner before you can use the pictures. Mark F.could give a more detailed explanation.
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Phil Pyle |
Gotcha. To be specific, the photo in question is of a horse...or at least the top of his head behind a fence. (You might find it in my portfolio here.)
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Mark Feldstein |
The rule Phil, is GIIW (get it in writing). Get it the release which is your usage agreement in writing. That makes it much simpler for a court of competent jurisdiction to determine whose got the right to print, display or duplicate which images taken when and where showing what property, etc. As to the copyright, you own it unless (1) you transfered it with another written agreement that specifically states it was either "work for hire" and you signed or initialed that portion of the document; or (2) you executed a different agreement specifically transfering your right before or after registration AND if it was registered in your name, the other person now claiming your copyright has to submit a document to the copyright office showing a valid transfer has occurred and they will reissue the certificate. Under U.S. copyright law, if you shot it, you own it when it's reduced to any tangible, reproducble means of expression, e.g., film or digitally. You can transfer it, but that must be in writing and if you previously registered your copyright with that office in Washington, D.C., then the entity you transfered it to must reregister the right under their name. So Ray, is that clear enough for ya?
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Phil Pyle |
Much obliged, Guys! I kinda figured she was just being greedy with my work, so I'll print out your repsonse if she hassles me again. Just proves you shouldn't mix business with family!
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Mark Feldstein |
Hey Phil. Man did you ever hit THAT nail on the head !!! Course, if you look up "dysfunctional family" in Webster's, you'll see a portrait of MY family. Take it light. Mark
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