Legal Question in Intellectual Property in California
I recently attended an event as a freelance photographer with a local newspaper. And in order to attend the event, I had to sign the release below.
Now, I was not informed that I could not use the images for profit, but have been asked to take down all images that are up for sale, and any internet postings as well since they were not 'approved' by the event holders for me to use. This was an event I was NOT paid for by anyone to cover, however I was given an press pass. They are claiming since I was with a newspaper, only the newspaper has rights to the images, but they may not be sold through them either. I am not a paid employee, however donate my images to the newspaper, and attended the event as myself/SnapShot Ninja Photography
Any advice on how to approach the response? I have taken all business names out for their privacy
RELEASE:
A. GRANT OF RIGHTS: ____________________________ (Photographer/Videographer) warrants and
represents that they are the copyright owner of the designated image(s) noted hereunder and has the right
to grant this permission to publish. Permission is valid only for the declared use. Any other use or reuse
requires a new agreement. This agreement/license is not transferable.
B. LICENSEE: Girls obo itself and event opponent or additional participant
C. LICENSE FEES: This License grants the Girls the rights to use designated image(s) on
a royalty-free basis.
D. TERM: Perpetuity
E. DECLARED USE: Print and Online for non-commercial purposes (no pay-per-view or sales of video
footage)
F. DECLARED IMAGES/FOOTAGE: Photos/Video taken of above teams and related activities
G. EXCLUSIVITY: Unless expressly granted, this Agreement does not provide exclusive usage and all
image(s)/film licensed under this Agreement may be licensed, sold, and/or printed by the
Photographer/Videographer and/or third party purchaser.
H. CREDIT: Unless expressly waived, Photographer�s/Videographer�s copyright must appear on the same
page as the image(s)/video. Proper photo/video credit will be provided for all subsequent uses.
I.
RELEASES: No model, property, trademark, or other such release exists for any image(s) unless
Photographer/Videographer submits to Licensee a separate release signed by a third party model or
property owner. It is Licensee�s responsibility to obtain all permissions necessary to publish the image(s)
in the manner intended. Parties must be satisfied that such release(s) are adequate for image(s) use.
J. COPIES: For use in print, Photographer shall receive, upon request, one copy of the use.
I have read this agreement in its entirety and I understand and agree to the terms set forth. By signing and dating this
agreement, above term commences.
1 Answer from Attorneys
Did you clear this with your newspaper before you signed? No reputable news organization would ever allow an employee to sign something like this. You conveniently left out the nature of the organization for which you "had to sign" this piece of garbage. If it was a public entity they probably violated your First Amendment rights. Depending of course on this organization's financial ability and/or willingness to sue you, and your financial ability to defend or countersue, I would tell them to take a hike or ignore them entirely.
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