A&P Image release v. legal rights for pro photogs

Discussion in 'Lifestyle' started by Tensai81, Oct 7, 2009.

  1. Tensai81

    Tensai81 OT Supporter

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    Ok, here's the deal...

    a couple of months ago I rented a lens for a gig I was doing for work, totally unrelated to the subject at hand. As a "hey how's this thing do in this situation" I went out and took a photo of my work's new landmark, the Sail Pavilion, went home did some work on it, posted a thread about it, and moved on.

    Through my natural egotisticness, and need to drum up some photog business, started showing the photo at work to see what other people thought of it, turns out they loved it. Sent a copy to a couple of key players on the staff, as requested, because they wanted to see if they could do anything with it. I'm thinking signage, web media, etc., no biggie, right? It's my work and I want to make sure it suceeds, a little free advertising to secure my position works wonders in the free world...

    Turns out today, I find it's being printed on a T-shirt up for sale at the Pavilion as a souvenier. Now my question is, I have yet to sign any form of image release with said company using my image, I do not work for the company using my image (I'm an independent contractor with another company just working in the same building as the ones printing the T-shirts), nor have they even asked if they could print it for sale, they're just assuming it's alright....

    What form of legal recourse, if any, do I have?? :dunno:

    Granted, this is a Catch 22, if I go back and ask for money they may scrap the entire project and bitch to the parent about how shitty we're being, shining a negative light on me and my company, but fuck it, I want compensation for the time I put into this :mad:


    Pic in question:
    [​IMG]
     
  2. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    learn your lesson, move on. :dunno:

    I take pictures for work all the time fully knowing (and not caring) I won't get credit for them. Doesn't bother me one bit, because thats not what I do. Plus, if I ever get into the field of commercial photography, I get to use them for myself. Company can profit how they like from my pictures. :dunno:
     
  3. Tensai81

    Tensai81 OT Supporter

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    yes, but, it's not my company.... I work for Company A, contracted for Prime A, Company B (printing the T-Shirts) also works for Prime A....Company B has no affiliation with my Company A, nor has asked for permission. The only thing we have in common is the fact we work for Prime A....that's the conundrum...
     
  4. alexromo

    alexromo New Member

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    let them know what time it is, they will scrap that t-shirt project either way
     
  5. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    talk to a lawyer I'd say... better answers than OTAP. And no, FuzionZ06 is not a fucking lawyer. :o
     
  6. Gvidon

    Gvidon New Member

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    Talk to your boss and explain the situation and tell him that you are going to confront company B.

    If you boss is not an ass, he will make sure you get paid for it.
    But if he says no, don't say anything.

    Then it all comes down to you...if you like your job...keep your mouth shut. If you want to be unemployed, go get your picture back.
     
  7. Tensai81

    Tensai81 OT Supporter

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    :mamoru2: agreed....I think this is going to come to a matter of "playing nice in the sandbox" IMO
     
  8. asdfbunk

    asdfbunk A Member OT Supporter

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    If negotiations fail, settle for credit :o
     
  9. Tensai81

    Tensai81 OT Supporter

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    ha ha! found the original...[​IMG]
     
  10. vwpilot

    vwpilot New Member

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    You have as much or as little recourse as you want to pursue. Its your image, you did not make it under contract for Company B, they did not pay you to make the image.

    HOWEVER, if you made it on the clock while working for your own company A, then your own company A very likely owns the image and they can do what they want with it, including giving it to Company B.

    More details are needed, who were you working for at the time, whose equipment were you using, did you or the company pay for the lens rental, were you on the clock for either company, etc, etc.

    If it is actually your image, you still have no right to use it for your own use as its a very obvious display of this pavilion and they have the right to their own image and can tell you to shove it up your ass and not let you use it at all as well.

    Its very sticky.

    Best bet is to just talk to the higher ups at Company B, tell them you're concerned that they're using your image without compensation and see what you can work out nicely.

    Beyond that, do what you think is necessary based on how the image was produced.
     
  11. Tensai81

    Tensai81 OT Supporter

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    :bowdown: :cool: well played....this is why I love having OT as my second conscience
     

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