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Thread: Rights transfer

  1. #1
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    Default Rights transfer

    Can someone put this in plain english. Would I retain photographer rights, such as using the images I sold on my personal website, FB etc; or would all rights to the images being sold ?

    "Ownership and Use (Acquisition of rights)

    1. Rights Transfer: the photographer assigns the exclusive rights regarding all materials (hereinafter referred to as "Work Products") - to xxxxx, without any limitation as to place (at home or abroad), volume, media or purpose of use, extent and time including the right to amend.
    2. Xxxx, xxxx network partners and yyyy have the right to use all Work Products freely and in particular, to store, modify, display, reproduce by any technical procedure and publish them in any medium. This also includes the use of the Work Products on their webpages or other publications.
    3. The photographer warrants that the use of the Work Products provided to xxxx do not infringe any third party rights so long as such work product is used for its intended use. If the photographer uses third party Services, materials and/or work products in order to provide Work Products to xxxx, the photographer shall use its commercially reasonable efforts to ensure that such third party assigns to xxxx all rights relating to such Work Products and shall keep xxxx advised as to the status of such efforts."


    My take on this is that I would retain copyright etc, but may not supply the images to anyone else whatsoever for whatever purpose.

    Hoping for advice,

    Tx

  2. #2
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    Default Re: Rights transfer

    Quote Originally Posted by robtarr View Post
    Can someone put this in plain english. Would I retain photographer rights, such as using the images I sold on my personal website, FB etc; or would all rights to the images being sold ?

    "Ownership and Use (Acquisition of rights)

    1. Rights Transfer: the photographer assigns the exclusive rights regarding all materials (hereinafter referred to as "Work Products") - to xxxxx, without any limitation as to place (at home or abroad), volume, media or purpose of use, extent and time including the right to amend.
    2. Xxxx, xxxx network partners and yyyy have the right to use all Work Products freely and in particular, to store, modify, display, reproduce by any technical procedure and publish them in any medium. This also includes the use of the Work Products on their webpages or other publications.
    3. The photographer warrants that the use of the Work Products provided to xxxx do not infringe any third party rights so long as such work product is used for its intended use. If the photographer uses third party Services, materials and/or work products in order to provide Work Products to xxxx, the photographer shall use its commercially reasonable efforts to ensure that such third party assigns to xxxx all rights relating to such Work Products and shall keep xxxx advised as to the status of such efforts."


    My take on this is that I would retain copyright etc, but may not supply the images to anyone else whatsoever for whatever purpose.

    Hoping for advice,

    Tx
    I'm no lawyer, just a keen observer of these issues over the years.

    My translation:

    1. Give it too me, all of it.

    2. We can do with it what we want.

    3. The supplier of your tools has no take on these photos either.

    From what I've seen of the Tarr Photos, this must be something special. If they pay very, very well then it might be OK... but consult your lawyer.

    Best
    Best,

    Leo Theron
    ... see my pictures HERE

  3. #3
    Frequent Member elsahoffmann's Avatar
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    Default Re: Rights transfer

    Leo is correct in his advice, before signing any such contract - consult a patent/copyright attorney. Its a VERY specialised field.
    Nudity is the most Avant Garde form of dress

    www.elsahoffmann.co.za
    www.intimateimages.co.za

  4. #4
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    Default Re: Rights transfer

    Thanks Leo & Elsa,
    I've undertaken to provide a limited number of images according to a prescribed brief, and I quoted based on either shared copyright or full handing over of all rights. Trouble is, I'm not sure which of the two the above blurb means. As per Leon's take, I think I'm going to invoice based on full rights transfer and see what comes of it.

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