[pure-silver] Re: Uneasy Question From Nervous Uncle

  • From: BertS <aasainz@xxxxxxxxxxxxx>
  • To: pure-silver@xxxxxxxxxxxxx
  • Date: Fri, 28 Jan 2005 19:35:51 -0500

May I suggest that whenever you do this kind of "pro-bono" kind of work you 
ask for a release from anyone in the picture. This may just be the thing to 
get everyone to think of ownership when the fine print points out that you 
still own the rights.

You may even consider doing this retroactively for the photos you are 
concerned with. "Just a legality..."

Bert

Stein wrote:
> Dear Folks,
> 
>      Many thanks for the cogent advice. I have been busy since last night -
> I found a publication from the Copyright Council that sets out what one must
> do in Australia in regard to photographic copyright - Dave Hornford was
> spot-on with his notes.
> 
>     In this case there was no commissioning of the photos and no valuable
> consideration passed at all, so it looks like I am still the owner of the
> right. As Dave said, the commercial firm may assume that the person
> presenting the artwork for processing owns the copyright, but I intend to
> contact them to see if they require evidence of that.
> 
>     I have had a quiet electronic word with the high council of our club and
> they will likely be able to stop any untoward use - the power of society -
> but I have made it clear that I do not want to be considered the picture
> scrooge. I shall continue to supply costume pictures, event coverage, and
> all sorts of baby pictures as freely as before ( These are my friends, after
> all, and I get to be in some of the pictures too...) but when the work is
> taken out into the market place it is a different kettle of lutefisk.
> 
>     A small note from the BGA: Physical violence is rarely used in Guild
> work, and we do not often resort to normal court procedures, unless the
> victim does not speak English and can be intimidated by the mechanism of the
> law. It is often enough to simply turn up at the guilty party's workplace
> with several children clothed in rags pleading for food to ellicit the
> required response. Or in severe cases the guilty party may be publicly
> forgiven by the Guild member for whatever the fault is - every day - every
> single blessed day - and at exactly the same time.....
> 
>     Uncle Dick
> 
> 
> 
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