ownership/copyright issues (kinda long)

["Jim Capelle" <JCapelle@tampabay.rr.com>]

Now here's something I have first hand dealings with.  When I worked as a
photojournalist in the Mass. Army National Guard in 87/88, (HHC, 26th INF
Div., PAO), the unit's PAO section held the  negatives and copyrights.  I
could enter them into photo contests and publish them, but the wording of
their agreement was that if I made any money off them, I would have to turn
it over to the Army.  They held the negs, they owned the rights.  When I was
shooting weddings (ugh never again!) I held the negs I owned the rights.
Now here's where it get tricky.  When I was hired by an organization, like
during bicentennial in Boston, Mass. I worked for the committee as  one of
the Photographers on some events.  The deal was that I was working for them,
anything I shot that day, "Tall Ships" or "Fire Works on the 4th at the
Hatch Shell" was theirs.  They were paying me for the whole day, they owned
the copyrights from my work that day, no matter how many cameras I carried
or who paid for the extra film.  Again I could and did enter into contests
with two of the pictures, this deal was restricted to not publishing
anything for money by me.   So the bottom line is, if you had me come into
your house to shoot your tanks and you let me walk away without a agreement
on who owns the negs. I do and then the rights.   If I publish them it's, ok
but if you were standing in front of one of the tanks and I publish your
picture without a release from you then I am in trouble.  If you hire me to
shoot you tank and paid me $1.00, I work for you and then you own my works
and rights for the amount of time I am there.  This is just a fast over view
of the complex copyright laws.

>The extent of my experience is that I label all my photographs (c) Erik
>Olson, no matter who's fish, plants or tank they are.

  >- Erik

Here Erik is protecting the works, which is very good when showing anything
over the web, but then copyright  law in Canada may have different rulings
and wordings too.

Two fast points and/or questions here.
>    Can I still enter if I have Karen photograph my tanks?
1.  Did Karen use them in any article that was published?  Who owns the
negs?
You may need a  release in writing to cover any gentlemen's agreement that
you and Karen have.
As I have found in the past Karen owns her articles (or she did in the past)
and she very good about releases.

>As long as it is YOUR aquascape which is featured in the photographs, we do
not care WHO took the pictures.<
2.  But you/we do care!  If there is any copyrighted stuff used without the
copyrighted person's release,
the person who entered the picture and the list that puts it out over the
web or AGA's newsletter could have to pay later in the court or by
settlement.

I suggest we make another addition to the entry.  A place for the
photographer.  It might be necessary for copyright or other legal purposes.
3. (so I made a mistake when I said two, so sue me~(:>))  )   I think a
block that could be checked off questioning if the image/picture is
copyrighted or not.  This would cover the list and AGA legal needs

Sorry for the long posting, but I feel this is a real issue that can't be
over look or brushed under a rug.
JiM C.

Date: Fri, 25 Feb 2000 17:43:32 -0600
From: "James Purchase" <jpurch@interlog.com>
Subject: Date: Fri, 25 Feb 2000 17:43:32 -0600

>>As long as it is YOUR aquascape which is featured in the photographs, we
do
>>not care WHO took the pictures.<

>I suggest we make another addition to the entry.  A place for the
>photographer.  It might be necessary for copyright or other legal purposes.

Mmmmm..... I don't know if that's necessary. The copyright of the images
belongs with the owner of the images. That is clearly (I think) stated on
the Entry form now.

I know what you are getting at - the case of a person having someone else
photograph their tank and then submitting the pictures. You think that the
photographer might object.

Erik or Karen might have more experience with ownership/copyright issues and
if they think that we should do this, I'd have no problem with adding a line
to the entry form identifying the photographer.

James Purchase
Toronto



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