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Copyright Waiver

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  #1  
Old 08-21-2001, 02:17 PM
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Copyright Waiver

Do you have any standard form you use to avoid copyright problems? Or is that even a problem?
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Old 08-21-2001, 02:36 PM
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Sure wish Chris W was back from galvanting all over Colorado, as I believe Chris would be the one to REALLY answer your question, AND include details I am sure I will miss. Thats a good question. I usually dont have my clients sign a formal waiver because the area I am in is so small everyone knows everyone elses business! However, in a more populated area I dont think I would even begin a scan without some sort of contract/waiver signed and in hand. Intellectual property rights( as in reproducing a photo from a scan which was taken by a studio or Pro who retained the negative), A persons right to their privacy etc., becomes a field of landmines as it were. Fortunatly I think Doug( WHERE ARE YOU??? HELP!!!!) can give you some specifics and when chris gets back theres a good resource.. I'm not much help on the specific points, proving once again, there are no stupid questions, just really dumb answers, and I fear you just got one!! Sorry, Tom

Last edited by thomasgeorge; 08-21-2001 at 07:20 PM.
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Old 08-21-2001, 02:40 PM
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Thanks Tom, you do make me laugh. You at least got me thinking in the right direction. I will look forward to other posts for more info. I am in a fairly small area, but you never know with lawsuits now-of-days. THANKS
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Old 08-21-2001, 03:04 PM
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My Dad had a picture on the wall of his office called " THE LAWSUIT" It depicted two farmers fighting over a cow. One was pulling on a rope around the critters neck. The other was pulling on the poor beasts tail. AND sitting on a stool milking the animal was...A....LAWYER!!! Tom
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Old 08-21-2001, 03:17 PM
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Tom you are too funny!
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Old 08-22-2001, 03:49 AM
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Look on the closing flap of any photofinishing envelope and you'll find a standard liability waver. They usually limit their liability to replacing an equal quantity of unexposed film. But if our client's originals are somehow damaged, how could we offer anything similar?
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Old 08-22-2001, 07:32 AM
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Regardless what the waiver says, if you are incompetent, or just plain sloppy, I think you are asking for trouble in a court of law. You need good working habits to support the waiver, in my opinion.

Ed
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Old 08-22-2001, 09:28 AM
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I haven't done anything about it yet. I guess I don't know a graceful way of going about it. Too big a legal document may scare some potential customers away. Not enough might not be good coverage for you anyway.

I will definately check out the label on the photo developing envelopes. However, they are only dealing with film that probably could be retaken easier than the antiquities we deal with could be replaced.
DJ
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Old 08-10-2004, 08:06 PM
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Consider another direction

Rather than looking for a waiver you might want to use the Copyright Laws to enhance your services. I think this may duplicate numerous other posts I've made in the past but the first step is to recognize that copyright is NOT meant to keep anyone from copying an artistic work - it is meant to further compensate the artist with a piece of the action when someone else is going to profit from the work.

I have no intent to allow my accumulation of many years of professional photographs to be sold by others for profit without compensation and I've been in substantial law suits to back that up (discussed in the archives here maybe) - but I don't want that to stop people from selling my work either. That would be dumb! Just pay a fair share of the profit and that is what copyright is really all about!

I am amazed at the amount of work we take in that we are told "someone", (usually a large store chain), will not copy this because it is "professional"
Our approach is different and yours can be too if you are "service oriented"
and can follow up on this.

We advise the client that there may be a "use fee" and we'll will let them know before the job is done. Do your homework and run down the studio involved and make a call and ask what they charge for their "use" fee - better than 9 time out of 10 it will be $10.00 or $15.00. If you make a sincere effort to find the owner and don't succeed, keep that record with the order. No lawyer will take a case to sue you if you can prove you were willing to pay user fees but his client did not cover his or her bases with the technicalities necessary to "protect" their end of the numerous regulations that constitute a major part of the rules in this complex issue.

Think service - Make it a positive - and enjoy the added profits.

Jim Conway
Timemark Photo Conservators
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  #10  
Old 08-18-2004, 08:00 AM
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You know copyright has been a big issue with me as well. I've gotten to the point that I try to accept work from photographers only. This limits my client base, but it also limits the chance on being sued.

I have gotten all kinds of photos that are copies of originals or scans emailed to me. With these there is no way to track down the copyright holder. Most you know where done by a professional somewhere and most likely the holder of the photograph knows exactly who took the pic, but won't tell you because they know they don't have permission to copy, alter etc.

I made a clause on the bottom of my "order form/contract" that the client must sign that says something like this:

COPYRIGHT RELEASE: (IF APPLICABLE) Please respect your photographer’s copyrights and secure a release.

As Justice Graphic Art and Design cannot know in all cases whether or not supplied photographs are protected, you are responsible for securing releases for ANY materials submitted. Justice Graphic Art and Design assumes that all materials, marked or unmarked with copyrights, are submitted with the permission of the legal owner.

By signing below you agree that you understand Justice Graphic Art and Design’s copyright release policy and accept any and all responsibility in the event of copyright infringement, lawsuit, or any such legalities.

Last edited by grafx; 08-18-2004 at 08:03 AM. Reason: confusing typo
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