Yeah, it's a lttle late to negotiate.
>>> tscales@xxxxxxxxxxxxx 15:40:40 05/24/2001 >>>
Although I am no lawyer, I'm not sure I agree with you on the ownership.
Remember, this is his employer and he is performing a function requested by
his employer. I would guess he signed an agreement when he started that
pretty much anything he does at their request belongs to them, even ideas.
Probably questions that should have been asked before the photo shoot.
Tom
> James,
> The first key thing before any compensation or use negotiations take
> place, is to see the results on the processed film. :-)
>
> If they come out great, take all the credit and money they will offer.
> If they are so-so but useable with Photoshop work, then accept
> compensation for materials and processing and chalk the rest of it up to
> a learning experience. If the whole thing is a failure (does happen!)
> then call it a learning experience and say you did the best you could
> under the circumstances.
>
> Unless you signed a "work for hire" agreement specific to this photo
> shoot, you own the rights to the photos. From your description of the
> project, it sounds like a one shot use and rather proprietary at that.
> Unless you suspect that these photos will be further used in a national
> ad campaign or something really significant, I wouldn't worry about it
> too much. Your chances for secondary usage income are probably minimal.
>
> Feel free to contact me off list if you think of any questions. I spent
> a number of years in commercial photography.
>
> Mike Gardner
>
> "Kiker, James" wrote:
> >
> > Well, the over-the-shoulder monitor shoot is over, and in a couple of
> > hours, I'll have the results back. I ended up shooting Provia under
> > fluorescent lighting, becasuse that was the only film on hand, and they
> > were in a hurry for the shots. I shot 6 exposures, bracketing between
> > 1/8th and 1 second, and a few apertures. The final slide will be drum
> > scanned and color corrected in Photoshop, so maybe the color balance
> > will turn out ok. If the images on the monitor don't look good, they're
> > going to recreate them using Photoshop. Here's another question for the
> > group: Do I retain ownership of the photos? I shot on company
> > premises, using my equipment and film, on a volunteer basis. They said
> > they would pay me for doing it, but I told them I was mainly interested
> > in the experience. They insisted on paying me, but we haven't talked
> > money yet. They are going to reimburse me for film and development.
> > How should I work ownership and rights to the photos?
> >
> > Thanks for all the advice and input,
> > James Kiker
>
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