Sam-Elcock

I've recently selected to represent my school at the Liverpool International Festival for Business as part of an initiative set up by the local council to get young people involved in the media. Already doing a lot of press photography for the local media, I signed up thinking it'd be a breeze, however looking over at the contract, I probably shouldn't have signed it. It states -

""1. All “articles” (including reports, interviews, photographs and such) that my child produces will become the property of Liverpool Vision/Liverpool Learning Partnership and may be used for publication by Liverpool Vision/Liverpool Learning Partnership and any other agency deemed appropriate by Liverpool Vision/Liverpool Learning Partnership. My child will not use any of the “articles” he/she produces without written consent by Liverpool Vision/Liverpool Learning Partnership except as part of my child’s personal portfolio for school or job application purposes."

Now, I run a business, and I need to make money, so I don't want to just be waiving the rights to all my photos? Does anyone know of any way to get around such a contract, any rights etc, or should I just back out?

Sam

ricardo7 Loc: Washington, DC - Santiago, Chile

It looks like this only concerns what your child produces, not you. Or am I missing something?

Sam-Elcock

I am the child - well, 18 now but still in college (last year)

Danilo Loc: Las Vegas

Perhaps you viewed this group as a career path, or a partial career path, Sam, and this is your "price of admission". You'll want to weigh the benefits vs. liabilities before backing out. I'm sure there's a way out, unless you have already availed yourself of any benefits the group has to offer.

Sam-Elcock

I'll probably still end up doing it, I just dont like the way the "price of admission" as you say, is them being able to sell any photos I take and keep the money. I've emailed, but at the end of the day I've signed the contract :s
(always read the contract BEFORE you sign!)

Bmac Loc: Long Island, NY

Above your signature write, "Contingent upon my attorney's approval." :wink:

Just Fred Loc: Darwin's Waiting Room

Have you already taken all your photos? Perhaps you can take bracketed shots and submit only one of the bunch. That way you have near-copies of those you submitted (EXIF data will reveal the differences in shots).

I confess this idea just popped into my mind, so it may not pass legal muster. Just "thinking out loud" so to speak.

Sam-Elcock

It's next month, I like your idea though, but it did specify ALL photos so if I ever sold them, it'd be a breach of contract and they could sue me, so it's not worth the risk :/

DavidPine Loc: Fredericksburg, TX

You should consult an attorney. Is there consideration and is it specific. Is there a time limit clause? Are you part of the Partnership? What are you partnership benefits. How does this affect you outside of sponsored events within your business? Lots of questions only an attorney can answer.

donrent Loc: Punta Gorda , Fl

NOT All contracts ( so called ) are binding... Check with a lawyer....

amehta Loc: Boston

I can see both sides.

I suspect if I got hired by one of the other press organizations who are participating, like the Financial Times, I would have to sign a similar contract. Basically, there are no freelancers here, you're playing with the big boys, and they always stack the deck in their favor. So, the first thing is that this contract is probably reasonable and fair on face value.

The working photographers hired by FT, CNN, or others are getting paid, and part of that salary/fee discussion is who keeps rights to what. The question then is what is your compensation, and is it worth it to you. I think you have three choices:
1. Back out, ideally in favor of someone else at your school who needs the exposure more.
2. Go, take pictures, and use what you take for your portfolio. Also use this as a networking opportunity, get contacts of business people you photograph and send them portfolios which include some of their shots.
3. Go, take very few pictures, but instead concentrate on other aspects of the media which you are not as familiar with like reporting. Since what you produce then would not be "professional" quality, there's little harm in waiving ownership. You would be developing a skill you are not as strong in, which seems to be the point of the initiative.

Sam-Elcock

Sounds like a plan - I'm registered as a business delegate anyway (did it ages ago not realising about the program) so I can get in everywhere (plus free tea and coffee) and then I'll just use it for networking, which is the point of the festival I think?
Ive just found out that I've done a bit of work before for the festivals media/PR partner, so I might see if I can get a bit of paid work of them even.

Any of you ever unwittingly signed bad contracts and had to fulfill?

LFingar Loc: Claverack, NY

Do my first two marriages count? :D

AlisonT Loc: Louisa, Virginia

I once entered a photo contest for a calendar for a non-profit I was very active in. Along with the notification that one of my photos had been chosen for the cover came a legal document basically signing over all rights to the photograph to them. I took it to a lawyer and he changed it to give them all publishing rights while allowing me to continue to sell it as art. The non-profit had no problem with that and I have continued to sell the photograph, actually the limited edition is almost sold out. Of course I did this before I signed the contract.

amehta Loc: Boston

Yes, it's all about networking!

Most often one can get out of bad contracts, for a price. That's the key to the business/legal world: there are always options, but they usually have a cost associated with them. Your decision is always which cost is worth it, and which battle is worth fighting.

I don't think I've had bad contracts which I had to fulfill, but I have had some which I opted out of.