Temat: klimaty prawno-finansowe
W ramach ciekawostki, że nie tylko w Polsce trzeba uważac na to jakie umowy sie podpisuje.
Protect Your Copyright: It’s the Only Thing You Have That’s of Real Value
Posted on May 1, 2010 by pablo
It’s appalling how many companies are beginning to use under handed tactics to grab the copyright from photographers. The worst part is that it seems no one is doing anything about it, so companies continue to do it.
Just a few days ago I decided to volunteer for the American Diabetes Association Redmond Tour de Cure. I think its important for photojournalist to volunteer and give back to the community. My volunteer work ranges from allowing non-profits to use my photographs, to being an event photographer. I donate my images to Tom’s Door in Basalt, Colo. They make postcards and sell them using the funds raised to help the needy in the Roaring Fork Valley. Coordinator Rosie McSwain is a wonderful person. She began the charity in 2003 or so.
For Aspen Youth Experience, a non-profit that brings inner city youth to the mountains of Colorado, I would photograph their annual event in Marble. They taught the youth how to overcome personal roadblocks by overcoming their fears. They set up a “ropes course” all around Lizard Lake. It consists of rappelling, The Superman, Spider Web, and other trust building techniques. Wonderful people.
So I thought the Tour de Cure would be fun to shoot and help out at the same time. I signed up to photograph the ADA’s fund-raising event at the Seattle Photography Group on MeetUp.com.
It seemed to be well-organized as they had two meeting this past week to discuss photographer’s positioning during the race. The organizer updated the posting to allow photographers to download a contract we are to sign before being allowed to photograph it.
I began reading the contract and it began sounding as if I was to be totally controlled by the organizers. I was to be told where, when, what, and how to shoot. But that’s not the problem. I’ve worked with those situations before and I’ve learned to nod my head “yes,” and just shoot what I wanted.
The kicker that really made me sick is this part in the contract that reads:
Work for Hire. Volunteer agrees that, for consideration that is acknowledged herein, any works of authorship commissioned or performed pursuant to this Agreement (the “Works”) shall be considered works made for hire as that term is defined under U.S. copyright law. To the extent that any such Work created for the Association by Volunteer is not a work made for hire belonging to Association, Volunteer hereby assigns and transfers to the Association all rights Volunteer has or may acquire to all such Works. Volunteer agrees to sign and deliver to the Association, either during or subsequent to the term of this Agreement, such other documents as Association considers desirable to evidence the assignment of copyright. Volunteer shall have the limited license to use the Works for Volunteer’s purposes to as specimens of his talents, subject to ADA prior review and written approval of such use. Such approval shall not be unreasonably withheld.
WTF? What were the contract writers smoking when they came up with this? Come on ADA, you’re going to alienate a lot people, not just photographers, with clauses like this. I, for one, will no longer support a non-profit that utilizes a strong armed approach to securing images.
You ask photographers to volunteer their professional services, their time, their efforts, just so you can steal their copyright? Yes, that’s right, in my opinion you are stealing. Simple as that. You are nothing but thieves under the guise of a non-profit.
We photogs have enough to worry about without having to worry about non-profits wanting to steal our work.
Let take a closer look at the above paragraph:
A. “Volunteer agrees that, for consideration that is acknowledged herein, any works of authorship commissioned or performed pursuant to this Agreement (the “Works”) shall be considered works made for hire as that term is defined under U.S. copyright law.”
Aren’t we volunteering? How can you say we are “work for hire” when we are not getting paid? What is the compensation we are getting? I really hope you can prove, in a court of law, that you gave us fair compensation for our hard physical work resulting in creative images which you will use. Oh, did I mention part of the contract reads they are not responsible for an injury you receive while “work for hire?” I really hope they are not thinking that a credit/byline is fair compensation.
How is it that the ADA can treat volunteers this way? How do they expect to retain the trust of volunteers when you strip them of their copyrights? I seriously believe the ADA needs to rethink this approach.
B. “To the extent that any such Work created for the Association by Volunteer is not a work made for hire belonging to Association, Volunteer hereby assigns and transfers to the Association all rights Volunteer has or may acquire to all such Works.” I’m volunteering, and you want me to give ALL my rights away to my images without payment?
So you expect me to spend my own time, my own gas, use my own resources, and most importantly, my own creativity, then freely GIVE you ALL the rights to those photographs?
Did I forget to pull the “Stupid” sticker off my forehead?
Give me a break. Any photographer that signs a contract stating they hand over all the rights deserves financial ruin and disrespect from fellow photographers/creative, both amateur and professionals.
C. “Volunteer agrees to sign and deliver to the Association, either during or subsequent to the term of this Agreement, such other documents as Association considers desirable to evidence the assignment of copyright.”
What? Huh? Doesn’t the mere fact that my signature already proves to you how stupid I am? Now you want me to give you further proof of my ignorance by giving you more documentation that I’m total naive about how valuable my copyright is?
Who has two thumbs and won’t be signing this contract?
This Guy!
D. “Volunteer shall have the limited license to use the Works for Volunteer’s purposes to as specimens of his talents, subject to ADA prior review and written approval of such use. Such approval shall not be unreasonably withheld.”
Limited license? So, I can use it in my portfolio (“specimens of his talents”), but I need to ask permission to post it in multiple places on the internet? Are you going to sue me if I make a print and put it on the wall? What if I give one to a friend who is competing in your event? Talk about totally stripping you of your rights. Give me a break.
And I believe any approval for use will be “unreasonably withheld.” I do not believe that the ADA will approve you selling a photo essay to Sports Illustrated or Seattle Magazine. Afterall, without you having the copyright to the image, you can not sell it. I do not believe they will allow you to sell your images on SmugMug. I honestly think, the ADA is using this contract so they have total control over the images they receive. I honestly believe they are being outright cheap and dishonest, and I believe they it is a dubious attempt to get some great and creative images.
I for one will be boycotting the ADA in any of their fundraising events to protest this treatment of volunteer creatives.
This is one prime example where the photographer MUST read the contract before signing. Any questions about the conditions of the contract should be ironed out before the photographer puts their “John Hancock” down. If you don’t like the terms of the contract, back out before signing.
Now you may be asking: “With the advice you gave above, why not try that before posting on your blog?” Simple. I believe it is our right to inform other photographers and creative professionals of dubious and unfair contracts such as this.
Our copyright is the only thing we have of any value.
We as photographers need to grow some balls and begin saying NO to rights grabbers. We need to stand collectively and not accept low paying assignments, submit our work to unreasonable agencies, nor work for rights grabbing companies.
We need to be tenacious about keeping better control of our images, but most important, our copyright, and be proactive in the legal process by talking with our Representatives and Senators. We need to stand firm and accept nothing less.
Being as this is a PUBLIC event, on PUBLIC property in PUBLIC view, I’ll be there photographing it.
And do you know who says I can?
Our Founding Fathers. They say I have permission through the First Amendment of the United States Constitution. So do the courts in supporting the Free Press clause concerning photographer’s rights in public places.
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