[Ashley]

July 20, 2017 at 3:08 pm

BallistiX wrote:

Any blended exposures in the recent set Ashley?

Writing about this shoot at present on my Blog – ashleymorrisonphotography – so you can read all about what we did there.

[Ashley]

July 8, 2017 at 5:47 am

Nine years later – and here are some of the images we produced at this same hotel:

[Ashley]

June 24, 2017 at 5:46 am

MikeCel wrote:

I’ll take your advice on getting a solicitor to draw up some contracts for me, thus avoiding these awkward situations.

Legal & Business Forms – by the Association of Photographers.

Start with this one…

.. and then work backwards from there – as this is what you will be actually wanting them to pay you to sign at the end of the day.

[Ashley]

June 23, 2017 at 10:32 am

If it had been me, this is what I would be asking her beforehand to pay me to sign…

.. so as she could then legally use my images, after I had agreed to hire myself to create them.

So the more boxes that she would want me to tick, then the more I would be asking her to pay me, for the Rights to use some images like this:

[Ashley]

June 18, 2017 at 5:30 pm

MikeCel wrote:

Any suggestions?

Are you talking about 10+ years ‘web use only’ or are you talking about 1 years ‘web use only’ ?
And if that’s for 10+ years, then what would it be for just 1 year ??

Because for example, the price a local Hotel would quote her for 1 nights B&B per person (or for the use of the thing that they own) would probably not be the same as 10+ nights B&B per person.

So when quoting a price for the Rights to use your images, just be sure to let her know how many images you are talking about, the Media use you are talking about, the Period of use you are talking about and the Territory of use you are talking about – because the fee would normally be based on that information – just in the same way as a Hotel for example would do, if she were to ask them for a price, to use what they could provide her with.

Cheers
Ashley.

[Ashley]

May 27, 2017 at 4:52 am

MikeCel wrote:

I’m hired as a private contractor and I have not signed any contract. The company is based in the UK. Do I own the copyright to the images?

If you did not sign a contract before you did the work, then you were not actually hired by anyone here.

You simply agreed to hire yourself – to produce some images for them (and possibly others too) to use afterwards.
Images which you would naturally own, after you took them or produced them or even created them.

So yes, you would naturally own those images afterwards – and it’s the Copyright Law that protects your Rights to how they are copied or used by others.

Now comes the all important bit, i.e. What do you want them to pay you for ?
Do you now just want them to pay you for the Rights to use your images OR do you now want them to pay you for ‘your time & expenses’ instead of or in exchange for the Rights to use your images ?

Ideally, before you did the work, you should have told them which it was – so as you would both clearly understood what the deal here – thereby avoiding any misunderstandings afterwards.
But even if you didn’t – until they pay you, you own those images and the Rights to use them too – and it’s the Copyright Law that protects your Rights here.

[Ashley]

April 14, 2017 at 6:27 pm

MikeCel wrote:

Do I own the copyright to the images?

In a word, Yes – especially since you have not signed any agreement beforehand.

Which means all that they are actually agreeing to pay you for at this point in time, is for the Rights to use your images, AFTER you have agreed to hire yourself to create them.

So just clearly state the facts, went you let them know what the fee would be for the Rights to use your images, after you have created them:

[Ashley]

March 10, 2017 at 11:55 am

It would depend on which of these boxes…

.. she would want you to tick.

Because the more boxes that someone would want you to tick, the more they will usually be willing to pay you – for the Rights to use your work.

Irrespective of how much it costs you to do the work.

[Ashley]

June 15, 2015 at 7:34 am

paul wrote:

Now, the storage and use of the photo would then be covered under the Data Protection Act, but again, this only somewhat limits your use of the image.

I would also be very sceptical of advice online saying you should cave in, without knowing facts.

I would agree – so the question is: Do you (sheenag) have anything in writing here, to say what was agreed at the time, in regards to how these images could be used afterwards ?

[Ashley]

June 9, 2015 at 9:19 am

paul wrote:

Sorry … what dispute? Why were they demanding money? For what? Under what legal basis were they making a claim?

Since this is an Open Forum, I’m sure you understand, that I’m obviously not prepared to answer those questions here.

But what I will say is, that IF a Law firm gets involved, then you may be amazed at what they will say and what they will try to sue you (or your client) for – which you may actually find very hard to disprove, especially after the images have been used.

Just imagine a picture on the front cover of your local newspaper, showing a mother holding her very distraught looking child, who is in tears as a result of your actions – and then picture the headlines too.

Avoid at all costs, would therefore be my advice, as it’s just not worth it.

[Ashley]

May 24, 2015 at 6:24 am

sheenag wrote:

.. I photographed a child, with the permission of the mother…

Do you have any in writing to confirm what ‘type of permission’ you where given here ?

Because even though the mother may have given you permission to ‘take the picture’ of her child, that doesn’t actually mean that she gave you (or anyone else) permission to ‘use the picture’ of her child… in any way.

So that is where you legally stand here – unless you have something in writing to prove otherwise.

Please note: I’m not a lawyer, so this is just ‘my take’ on this situation, based on what you have said above.

Also note: We had a Dublin law firm last year, demand we pay them 20,000 euros to settle this ‘same type of dispute’ out of court – which at first we thought was a joke, but I can assure you, we weren’t laughing and neither were they :oops:

So if it were me – based on the assumption that you do not have anything in writing to prove that the mother did in fact give you permission to use the pictures of her child in this way – I’d write back and apologize for the misunderstand regarding the actual details of the permission granted by the child’s mother at the time the images were created, and also let them know that you will remove the pictures right away, etc, etc.

[Ashley]

May 17, 2015 at 10:11 am

I’d just like to say a big thanks to Claudio for helping me with the lighting, etc, once again…

.. at the Galway Bay Hotel a few weeks ago.

Because many hands do make light work…

.. which you can read about here.

[Ashley]

February 23, 2015 at 12:27 pm

silkephotos wrote:

In simple layman’s terms.

It somewhat depends on what you are actually asking others to pay you for before the work is done, i.e. are you asking them to hire you to do some work for them OR are you just asking them to pay you for the use of your work afterwards.

In other words, the Copyright Law is simply in place to protect your Rights, as an artist, to any work that you have created – assuming that you are not an employee or that you have not agreed beforehand, to do ‘Work Made For Hire’ instead.

[Ashley]

February 20, 2015 at 1:39 pm

sheenag wrote:

Should I have a annual rate or perpetuity rate or both?

How about you first let them know what the fee would be for you to produce and then provide them with how many images it is that they are saying they need here, for them to use in ‘Magazines ads plus on the Worldwide web, for 1 year, in Ireland plus on the internet’ – which would basically be the same as your Base Usage Rate, as that’s the amount you would like to be paid for the use of your work in either 2 media for 1 year or 1 media for 2 years, in 1 country – which is considered by the Association of Photographers to be like a ‘standard amount of use’ of your work, or your ‘starting point’ when it comes to negotiating the fee for the use of your work.

Then also let them know what the fee would be for an additional years use of your work in the above 2 media, should they want you to provide them with more than you have quoted them for here – which is where this Calculator would then come into play, as it’s been designed by the Association of Photographers to help photographers such as yourself, to figure-out what the fee would roughly be, for any additional use of your work afterwards.

[Ashley]

February 18, 2015 at 3:06 pm

verbalan wrote:

..what you think a fair amount would be to charge them?

According to Alamy, they say it would be £29+VAT for the use of an image that they have already on file, for Commercial electronic use, i.e. for use on website and social media, worldwide for 5 years.

Personally I would say, it depends on what your Base Usage Rate is.

Either way, this is basically what you are now asking these people to pay you for…

.. so as they can then legally use your work, for whatever you have agreed to here.

Legal & Business Forms made available by the Association of Photographers.