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Photography law/ownership question |
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Nave Fall
Registered User
Join date: 10 Feb 2009
Posts: 8
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02-02-2010 12:33
got theanswers no need to continue this now.
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Amaranthim Talon
Voyager, Seeker, Curious
![]() Join date: 14 Nov 2006
Posts: 12,032
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02-02-2010 12:34
The ever popular response is LL doesn't get involved in Resident disputes
![]() And verbal contracts are usually worth what they are written on- so sorry this happened to you. _____________________
"Yield to temptation. It may not pass your way again. "
Robert A. Heinlein ![]() http://talonfaire.blogspot.com/ Visit Talon Faire Main: http://slurl.com/secondlife/Misto%20Presto/216/21/155- Main Store XStreets: http://tinyurl.com/6r7ayn |
Ceka Cianci
SuperPremiumExcaliburAcc#
![]() Join date: 31 Jul 2006
Posts: 4,489
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02-02-2010 12:36
the photographer actually..same with any custom work unless you bought creative rights as well..
the reason we go to others is for their ability to create..you pretty much just buy a copy unless you purchase creative rights if they offer it.. that's what i've heard when it's spoken about anyways.. _____________________
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Imnotgoing Sideways
Can't outlaw cute! =^-^=
![]() Join date: 17 Nov 2007
Posts: 4,694
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02-02-2010 12:40
If a photographer is engaged (hired/contracted but NOT paid in advance mind you)) to do a photo shoot on private land, taking pictures of proprietary products and textures in SL, who owns the pictures. I mean the "work for hire" that was shot by the hired/contracted photographer? I am in a situation where pictures taken on my behalf are being held for ransom and I'm curious if I have any recours, either in-world or out, in this matter? Does a verbal contract have any weight at all? Thanks for your help Nave Fall _____________________
Somewhere in this world; there is someone having some good clean fun doing the one thing you hate the most. (^_^)y
![]() http://slurl.com/secondlife/Ferguson/54/237/94 |
Argus Collingwood
Totally Tintable
![]() Join date: 5 Dec 2005
Posts: 600
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02-02-2010 12:48
If a photographer is engaged (hired/contracted but NOT paid in advance mind you)) to do a photo shoot on private land, taking pictures of proprietary products and textures in SL, who owns the pictures. I mean the "work for hire" that was shot by the hired/contracted photographer? I am in a situation where pictures taken on my behalf are being held for ransom and I'm curious if I have any recours, either in-world or out, in this matter? Does a verbal contract have any weight at all? Thanks for your help Nave Fall If you agreed to have them shoot your items, you owe them for the photos, it is not ransom, it is filling your end of the contract. They own the photos. They paid upload fees, spent time taking them and processing them. If you are not happy with the results, then come to an agreement about them. This is why I always take my own photos ![]() ![]() _____________________
~*~ Please behave before I have to slap you naked and hide your clothes! ~*~
Argus-eyed = carefully observant or attentive; on the lookout for possible danger ![]() |
Ceka Cianci
SuperPremiumExcaliburAcc#
![]() Join date: 31 Jul 2006
Posts: 4,489
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02-02-2010 12:50
did you get a copy of the pictures?
_____________________
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Veritable Quandry
Meddling kid.
![]() Join date: 23 May 2008
Posts: 519
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02-02-2010 13:26
The concept of "Work for Hire" is the opposite of what you have here. If a photographer provides their own equipment, sets their own working conditions, and is otherwise a contractor, it's a contractual obligation. They are assumed to own copyright subject only to the limits of the contract, so you must explicitly get them to sign it over. A work is "for hire" if it is made by an employee...you set their hours and conditions of employment on an ongoing basis and provide their equipment. In that case, the copyright belongs to the business that hired them.
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Lindal Kidd
Dances With Noobs
![]() Join date: 26 Jun 2007
Posts: 8,371
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02-02-2010 14:09
He's got the pictures, you have the money. That sounds fair to me.
Give him the money, and he'll give you the pictures. That sounds fair too. _____________________
It's still My World and My Imagination! So there.
Lindal Kidd |
Amaranthim Talon
Voyager, Seeker, Curious
![]() Join date: 14 Nov 2006
Posts: 12,032
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02-02-2010 15:29
We don't really have the full story peeps- maybe the pix were not as agreed? I don't know just guessing too - but in any case- whether Nave is in the right or wrong doesn't matter to the bottom line - there is no recourse.
Now, if there had been some sort of contract, say for x amount of pix of such and such and the photog did not produce, perhaps then he could AR for fraud. The again, by the same token, the photog might AR for fraud if he could show he produced what he was supposed to but the buyer reneged? Still - it comes down to no interference - other than as the AR for Fraud as provided in-world. (Which btw, I have only heard exists and have not confirmed it - so if it doesn't exist at all - let's al pretend I am still lurking, shall we?) _____________________
"Yield to temptation. It may not pass your way again. "
Robert A. Heinlein ![]() http://talonfaire.blogspot.com/ Visit Talon Faire Main: http://slurl.com/secondlife/Misto%20Presto/216/21/155- Main Store XStreets: http://tinyurl.com/6r7ayn |
Nave Fall
Registered User
Join date: 10 Feb 2009
Posts: 8
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02-03-2010 02:59
it's over let it go
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Dekka Raymaker
thinking very hard
![]() Join date: 4 Feb 2007
Posts: 3,898
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02-03-2010 04:07
This actually happens in Real Life too.
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Veritable Quandry
Meddling kid.
![]() Join date: 23 May 2008
Posts: 519
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02-03-2010 04:42
I know EXACTLY what a "work for hire" is................................. Thank you for biting my head off when you did, in fact, use the term in a confused manner in your first post. Could communications perhaps be the root of your problem? |
Imnotgoing Sideways
Can't outlaw cute! =^-^=
![]() Join date: 17 Nov 2007
Posts: 4,694
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02-03-2010 05:35
SL arteest + SL immature dramabag = chaos. (^_^)y
_____________________
Somewhere in this world; there is someone having some good clean fun doing the one thing you hate the most. (^_^)y
![]() http://slurl.com/secondlife/Ferguson/54/237/94 |
Nave Fall
Registered User
Join date: 10 Feb 2009
Posts: 8
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02-03-2010 06:21
done done done
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
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02-03-2010 06:39
I’m no drama queen. False. _____________________
I'm going to pick a fight
William Wallace, Braveheart “Rules are mostly made to be broken and are too often for the lazy to hide behind” Douglas MacArthur FULL |
Veritable Quandry
Meddling kid.
![]() Join date: 23 May 2008
Posts: 519
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02-03-2010 06:39
Thanks, fair enough. It's easy to get caught up.
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Milla Alexandre
Milla Alexandre
![]() Join date: 22 Jan 2007
Posts: 1,759
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02-03-2010 06:44
That really sucks.
Unfortunately...LL isn't going to get involved so the short answer is, there's nothing you can do. Aside from bending your pixels over backwards to make nice with the uber sensitive artist photographer.....I would just chalk it up to a lesson learned. But as an aside...and as an artist/photographer myself.....I find it pretty disappointing when I hear stuff like this. I usually get projects back to people with-in 24 hours and if I can't....I make dam sure I understand completely what they need and when they need it buy. Yeah I'm an artist....but I certainly wouldn't have any issue taking raw shots if that's what the job called for. It's too bad that some who call themselves 'professionals' with-in SL.....are anything but. On the other hand...as much as I am a photographer....I don't presume myself to be a 'professional' (assuming real world standards) and I don't even advertise in SL for it.....however I do take any job I get very seriously and I do my best to produce. ![]() _____________________
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Nave Fall
Registered User
Join date: 10 Feb 2009
Posts: 8
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02-03-2010 07:34
I never expected LL to get involved. I never even thought about contacting them.
and Yes, it's very disappointing to have the pictures of an event that had over 30 people spend uncounted hours designing,building, producing directing, sponsoring and, actually, doing it, cost several $100US to produce, had over 100 guests attend it (we ran it at 2 separate times to be timezone conscious), and was meaningful to a number of people, withheld due to a misunderstanding that could have been avoided. The photographer/artist has asserted "ownership rights" I ahve the pictures and you're not getting them until I get treated the way I deserve to be. Several friends have attempted to intervene to no avail. Private chats were shared which made it even worse. Go figure......... The whole thing sucksssssssssssssss I've purposefully avoided naming names here. The party in question has claimed that they are being bad-mouthed and slandered maliciously and that is so not true. About now I've given up on even seeing one of the pics. Someone asked in an IM what the event was btw. It was Tres Beau Designs 5th Anniversary and Grand Re-opening event. http://network.associationofvirtualworlds.com/events/tres-beau-grand-reopening-in I'm just, Nave "the drama queen" Fall |
Lindal Kidd
Dances With Noobs
![]() Join date: 26 Jun 2007
Posts: 8,371
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02-03-2010 11:15
OK, things are a little clearer.
There was no contract, and expectations weren't clear on either side. But that's all water over the dam now. It's two months after the event. Clearly, the pictures are of less value to you now than they would have been if delivered right away. 1. Decide how MUCH value they have for you. 2. Tell the person, "look, let's just be done with this one way or the other and stop yelling at each other. I'm glad the pictures are ready, but they are a lot later than I had expected. I still want to buy them from you. I'll pay you $LXXXX for no copy/no mod versions, or $LYYYY for full permission versions. That's my top offer. Let me know if you're willing to sell them at that price please." 3. If he says, "Nope, I own the pictures", say "Yes you do. But you have to have the permission of the people in them to display them anywhere. Did you get model releases from everyone?" Then just Mute him and leave him wondering. 4. If he says, "OK", then pay up, get the pix, and everyone's happy. More or less. _____________________
It's still My World and My Imagination! So there.
Lindal Kidd |