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    robert5
    robert5  1379 forum posts United Kingdom
    5 Jul 2013 - 3:30 PM

    Hi
    Can some one please tell me who would own the copyright to photo's i will be taking as a volunteer for the 2013 World Police and Fire Games they will be supplying the CF card.
    Regards
    Bob

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    mikehit
    mikehit  56475 forum posts United Kingdom9 Constructive Critique Points
    5 Jul 2013 - 3:51 PM

    I take it you will be a volunteer at the event (stewarding or similar) and will take photos when you have the chance (as in not taking photos on their behalf). You will own the copyright, but whether you can sell the photos will depend on the terms on which you are working for them and the terms of entry to the venues.

    robert5
    robert5  1379 forum posts United Kingdom
    5 Jul 2013 - 4:02 PM

    I will be taking photo's on there behalf

    Gundog
    Gundog  1624 forum posts Scotland
    5 Jul 2013 - 4:34 PM

    If you are being commissioned by them to take photographs, whether or not you are being paid, and they are providing the CF card and (presumably) privileged access to allow you to take the photographs, I would be surprised if the terms of your contract did not specify what they could use the images for (possibly anything they liked) and may even place restrictions upon what you can do with them.

    If you are doing it as a volunteer, I think that it would be perfectly reasonable for you to ask them to grant you permission to use them for non-commercial purposes.

    My view is that you would still own the copyright - but copyright is just that; it does not give you permission to use them nor does it stop them from using them if the contract specifies restrictions and permissions. In other words, faced with an adverse contract, your copyright could be virtually valueless. So check it out and get it worded in a way that suits you.

    mikehit
    mikehit  56475 forum posts United Kingdom9 Constructive Critique Points
    5 Jul 2013 - 5:14 PM

    Do you have a contract? If not, it could be a vey grey area.
    Do you envisage selling the photos? If not, then I wouldn't worry about it. If you do intend to sell them I would get a contract and save any aggravation later: you could have terms that they can use the pictures free of charge but you have the right to sell them.

    thewilliam
    5 Jul 2013 - 11:34 PM

    Copyright, or indeed any other property, can normally only be transferred in return for "valuable consideration" which is usually but not always money and can be as little as one penny.

    There are a few exceptions such as National Trust property where the punter has to pay to get in but agrees to transfer all rights as a condition of entry.

    When an employee takes pictures in the course of his/her employment, the company normally has copyright.

    If the event organizer lends a CF card, then it will need to be returned but is there anything stopping the photographer from making copies? The D3 series Nikons will write RAW files to 2 cards.

    Ultimately a contract is best but a written statement or an exchange of emails would clarify the situation.

    Gundog
    Gundog  1624 forum posts Scotland
    6 Jul 2013 - 9:37 AM


    Quote:
    Ultimately a contract is best but a written statement or an exchange of emails would clarify the situation.

    A written statement or an exchange of e-mails IS a contract. In law, all that is required for a legally-binding contract to exist is consensus ad idem. Any documentation (or even a witnessed verbal statement) that establishes that "meeting of minds" is sufficient.

    thewilliam
    6 Jul 2013 - 2:48 PM

    I've had a client maintain that the exchange of emails was no more than an exploratory discussion so I'd hesitate to think of it as a contract.

    For a consensus ad idem to hold, wouldn't both parties be reasonably expected to believe that an agreement had been made?

    mikehit
    mikehit  56475 forum posts United Kingdom9 Constructive Critique Points
    7 Jul 2013 - 9:57 PM

    Traditionally, For a contract to be indisputable there has to be a transfer of consideration and that can be any service, something of value or money. If one party has nothing to offer but money the minimum was set many years ago as 1.

    In UK law, emails is sufficient (even someone's word) can form a contract - our company, like many others, could not operate without this. But a written signed document makes it unambiguous (they may claim it was an 'exploratory discussion' Smile )

    If transfer of copyright is a condition of entry thr purchase of a ticket completes the contract. But thr condition of entry may relate to commercial use with no transfer of copyright.

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