freelance photos: how does this work legally?

[Annie]

so i might be doing photos for a band for their media kit for WAAAAY cheap. like, i'm giving them a huge deal, but i said that i get to keep the rights to the photos and they are getting me other gigs. we'll see...

anyway, my question is, if i clearly state that i keep the rights to the photos, and even if they use them in their media kit, do i still get to use them for whatever i want?

thanks!!

[masdog]

IANAL, and there are more experienced photographers here who will probably have a better answer than I do, but here is how I think it works.

You can generally use the photos any way you want, such as displaying them, selling them privately, or using them in your portfolio. If you want to use those images commercially, though, such as in an advertisement, I think you still need to get a model release.

[Asylum Steve]

even if they use them in their media kit, do i still get to use them for whatever i want?...

IANAL, either (love the acronym, masdog, think I'm gonna start ALL my posts in this forum that way)...

The only rights you have to start with are the copyrights as creator of the images. Everything else, and by that I mean usage, you have to determine with your client, and it's almost always a good idea to get it in writing.

This is a two-way street. You are granting them certain usage rights, and (hopefully) there is an understanding with them how YOU will use the photos, too. That includes unforseen opportunities down the road such as stock use, commercial artwork should they make a CD or tour, local and national press should newspapers or magazines do stories on the band (a media kit only goes so far, certain showcase or national media may want a unique shot exlcusively).

Now, just because you HAVE the right to use these pics for whatever you want, that doesn't mean you SHOULD.

You're relationship with this band (and the opportunities they represent) may be more important. So, that means you may just want to pass up some easy money selling some of the shots if it means a situation they may not be happy with.

It may also mean continuing to do shoots for them very cheaply if the work is good and their help leads to future sucess.

BTW, regardless of what use you or they have in mind now, I would DEFINITELY get signed model releases...

[Ronnoco]

If it is a public performance plus the fact that you already have their permission to take photos, then you are probably covered for many uses excluding advertising.

If the use involves potentially advertising, then I would make sure a get a model release as routine and make sure that all uses are covered.

Ronnoco

[another view]

IANAL (at least I think I got it ) but would definately agree with the model release...

[Ronnoco]

IANAL (at least I think I got it ) but would definately agree with the model release...

Gee, at least moderators should be able to spell: DEFINITELY correctly!!

Ronnoco

[adina]

In my experience (in case anyone cares to flash back to that whole dance fiasco) GET EVERYTHING IN WRITING!!

Decide what you'd like to be able to do with the photos, decide what they want to be able to do with the photos. Make sure you are both in agreement. This will protect you both.

[adina]

IANAL (at least I think I got it ) but would definately agree with the model release...

I tend to be lapse in my internet speak. What's this one?

[masdog]

I am not a lawyer. Its a Slashdot-ism.

[masdog]

In my experience (in case anyone cares to flash back to that whole dance fiasco) GET EVERYTHING IN WRITING!!

Decide what you'd like to be able to do with the photos, decide what they want to be able to do with the photos. Make sure you are both in agreement. This will protect you both.

Definitely get everything in writing. There is no reason not to, especially when you plan on selling or using the photos commercially.

[another view]

Gee, at least moderators should be able to spell: DEFINITELY correctly!!

Ronnoco

You're probably right but unfortunately, good help is hard to find. I'm sure the site could always use the help of an additional moderator that's willing to offer help wherever they can, has a fair amount of technical knowledge that they're willing to share, encourage other photographers with whatever their goals are, generally help keep the peace - and be a good speller.

If you think of anyone like that, let me know.

[masdog]

You're probably right but unfortunately, good help is hard to find. I'm sure the site could always use the help of an additional moderator that's willing to offer help wherever they can, has a fair amount of technical knowledge that they're willing to share, encourage other photographers with whatever their goals are, generally help keep the peace - and be a good speller.

If you think of anyone like that, let me know.

I'd think that it'd be eazier to poot a spelchek on teh form!!11

[poker]

You're probably right but unfortunately, good help is hard to find. I'm sure the site could always use the help of an additional moderator that's willing to offer help wherever they can, has a fair amount of technical knowledge that they're willing to share, encourage other photographers with whatever their goals are, generally help keep the peace - and be a good speller.

If you think of anyone like that, let me know.

Were do I sobmit my rezume?

[Ronnoco]

You're probably right but unfortunately, good help is hard to find. I'm sure the site could always use the help of an additional moderator that's willing to offer help wherever they can, has a fair amount of technical knowledge that they're willing to share, encourage other photographers with whatever their goals are, generally help keep the peace - and be a good speller.

If you think of anyone like that, let me know.

Well, keeping the peace might be a challenge , given my penchant for being passionate and controversial but I can certainly stimulate discussion and handle the technical and another assistance you mentioned.

Ronnoco