Photographer's Rights

[pnoize]

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Let's talk about the business and legal side of photography.

As we may have noticed, photo contests are being organized left and right. This year alone, I could think of more than 10 photo contests organized by different organizations. But how much do we really know of our rights as a photographer?

Recently, a photo contest posted in this forum was criticized for claiming the entries as their property after submission. They may reproduce and exhibit the photos without compensating the photographer. What can we do? What are the terms?

let's talk about it here...

[Hot Ice]

I think it's not right for them to relinquish the rights of the photographer. They should be able to use the photos in one exhibition and the photographer should be compensated in succeeding use of the photos.

Problem is, most photo contests like the one posted in this forum take advantage of newbie photographers or hobbyists like me. They won't mind not being paid just as long as they would be recognized (maybe most of them won't even mind seeing their photo without their names on any publication?).

What we can do? Don't join contests that remove photogs of their rights. If no one joins, maybe they'll think "why?"

[mokiloo]

just be mindful of the loopholes and gray areas of the terms
legal property rights and its bounds are not really defined properly
some contest may be in a manner that falls into a category of "photofarming" but has the sincere purpose of doing for good cause.

lets just carefully review where our rights stands on the issue and might as well look at thier's
and meet halfway para happy ang tanan

contest for a good cause with well defined rights to protect contestants

[wikitoy]

Let's talk about the business and legal side of photography.


let's talk about it here...

Since almost all photographers are very much concerned with the copyright issues sa ilahang mga shots, have a question with pro photographers especially wedding photogs.... Naa man times nga the client will request a photo slideshow presentation and of course butangan gyud na ug music para nindot ang effect kay lain man sad tan-awon kung photo slideshow lang and wala'y music... And my question is unsa ang right sa recording company nga tag-iya sa music nga imong gi gamit? if gamiton ang music nga dili mananghid sa recording company, is it illegal?

[nowayL]

Ayay, nindot ni istoryaha da .... hehe

[DEMONOCIETY]

kung mo join ug photo contest nindot unta ug naa ny dslr inig shoot mo automatic embedd atong sig or whatever na ma serve as ato jud ang photos inig hatag sa files, lisod bitaw mag apil2x ug contest then naay moangkon/moilog sa imong trabaho to hell with him... nice thread mods

[norwindetalla]

[LEFT]naa ko share diri ha. Sa US ni cya, but i think pare-pareho ra ghapon ni sa ato-a. you know na mga pinoy.


THE PHOTOGRAPHER'S RIGHT

[nowayL]

Angkonon lang nga walay hago ug gastos. Dawat lang diay ug limpyo .... hehe

[alucard_x]

Since almost all photographers are very much concerned with the copyright issues sa ilahang mga shots, have a question with pro photographers especially wedding photogs.... Naa man times nga the client will request a photo slideshow presentation and of course butangan gyud na ug music para nindot ang effect kay lain man sad tan-awon kung photo slideshow lang and wala'y music... And my question is unsa ang right sa recording company nga tag-iya sa music nga imong gi gamit? if gamiton ang music nga dili mananghid sa recording company, is it illegal?

I'm not a lawyer but my understanding of this technically its legal to include the music as long as the client bought the music legally. You can use the song on the slide show as long as:
1. Its viewed privately by clients family and friends.
2. Walay admission fee when viewing the slideshow.
3. Dli nmo i-mas produce ang DVD of that slideshow to be sold.

If the music you used was illegally bought,downloaded dha na gyud ilegall na. The record company has a strong case if they would sue you.

[Minuano27]

Good topic, Benj.

I've been hanging around in Istorya since 2005 and every once in a while, photogs seem to have a misconception about copyright issues in photo contest rules, as Benjie mentioned.

Just to give a summary of Copyright Law in the Intellectual Property Code ("IPC"):

1. YOU OWN YOUR PHOTOGRAPH.

2. As owner, you have two (2) kinds of rights: (a) Economic Rights (the "copyright"); and (b) Moral Rights.

3. Economic Rights - the right to use your own photo - publish, etc., + the right to license/receive payment for the use of your photo by someone else.

4. Moral Rights - (a) to require that you be credited as the photographer in copies or in the public use of your photo; (b) to alter your photo prior to publication, or to withhold it from publication; (c) to object to any distortion, mutilation, modification or other derogatory action to your photo which would be prejudicial to your honor or reputation; and (d) to restrain the use of your name on a photo which is not your, or in a distorted version of your photo.

5. As a general principle of law, any right can either be assigned (transferred t0 another) or waived (given up).

6. Under the IPC you can assign/transfer your Economic Rights to another; meaning, you can give up your right to use your own photo.

7. But, the assignment of the Economic Rights does not include the assignment of your Moral Rights.

So when photo contests make it a condition that they own the photo that you submit, and they may reproduce and exhibit the photos without compensating you, that is a form of the assignment of your Economic Rights - IF YOU AGREE BY SUBMITTING YOUR PHOTO.

The obvious problem photogs have is: Is this fair?

Legally (and I stress legally), there's nothing "unfair" about it. It's their contest, so they make the rules. And those rules, once accepted, are in the nature of a contract. it goes without saying that no one can be forced into a contract or entering a photo contest.

Unfortunately, what is "legal" sometimes doesn't equate to "fair". This is true in what's known as "contracts of adhesion", where the conditions are set by 1 side only - just like in photo contest rules.