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Dive tart, just can't say no :-)
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Simon asking publicly rather than PM so that you can either answer publicly or privately at your discretion.
Would you mind if I saved a copy to my HDD for personal use, not for dissemination?

Thanks for your hard work mate, much appreciated. :D

Pete
 

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Partly Worn
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All - Personal use is fine.

'Margo' has now been corrected to 'Morag' and a new copy uploaded. Either a) another senior moment or b) Word deciding for me when I mis-spelt the original.
I think Margo's good one more slip and it's Marge - Very apt!
 

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Version two of the YD Guide to Copyright is ready for download - check the Sticky Thread at the top of the photography forum section for the link.

Added; Model releases.

You might need to clear your browser cache to force download of the latest version...
 

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What is the position with buying copyright out from under users feet - does a principle of 'squatters rights' exist?
I'm thinking perhaps a website might be using a picture and has done for twenty years because the photographer could not be arsed to enforce his rights. I meet the photographer and buy all the rights off him.
Can I go and collect 20 years worth of usage fee?
 

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Notice my avatar. I am hard astern.
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A very good article about a subject that is not as complicated as some might think.
Two points: Because it is not a work of art, there is no copyright in the human face. Defamation and privacy law is another matter. You are always safe photographing something someone was already doing without your incitement to do it.
The assignment of licensing of a copyright requires that a time period is specified. You cannot assign copyright in perpetuity. In answer to Bowie310s, the copyright cannot be assigned back-dated so he cannot assume proprietorship of an assignment and go back and ask for fees because he bought the rights to use during a certain time period.

(I am not a lawer but I have won every copyright case I have pursued in court against some well-funded defences and enjoy the benefits of that. I would suggest to anyone, it is best to do the deal first! As my old dad always said, pay up and be smart!)
 
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What is the position with buying copyright out from under users feet - does a principle of 'squatters rights' exist?
I'm thinking perhaps a website might be using a picture and has done for twenty years because the photographer could not be arsed to enforce his rights. I meet the photographer and buy all the rights off him.
Can I go and collect 20 years worth of usage fee?
Once found, the rights owner of the image has to take steps to notify the infringer in reasonable time, and not sit around to add another year of infringement fees. A court would decide what is reasonable I think. I have no idea where you would stand if you bought the rights to an image and then tried to backdate a claim. It might come down to how many good lawyers you (appear) to have and if the infringer is feeling lucky or not. Like BJ says, better to settle before it ends up in front of the bench. Sometimes its like playing poker, and all you have to do is convince the other side your hand is stronger than theirs.
 

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As a thought on this does anyone have a copy of a good model release form? I've seen several on the net and don't know enough about the legalities of it to know what the differences are and which is best for me?

Danny
 

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Notice my avatar. I am hard astern.
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As a thought on this does anyone have a copy of a good model release form? I've seen several on the net and don't know enough about the legalities of it to know what the differences are and which is best for me?

Danny
This is the wording on a form I use:

In consideration of the sum of £(amount – usually NIL!) paid to me for posing for the photographs taken on (date) and referred to herein, I permit (name of photographer) and any licensees or assignees to use the said photographs or any reproductions or adaptations thereof either in whole or in part, alone or in conjunction with any wording, for any purposes in the United Kingdom and world-wide. The photographs shall be deemed to represent an imaginary person.

Subject: (such as: Scubadiver at Wraysbury lake)


Name:

Address:


Signed



Witness (signed)


Name & Address
 

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John, surely the consideration should never be nil. Both parties must give something in order to make the agreement enforceable. I believe that the term in "consideration must be sufficent but need not be adequate".

D
 

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John, surely the consideration should never be nil. Both parties must give something in order to make the agreement enforceable. I believe that the term in "consideration must be sufficent but need not be adequate".

D
This is my understanding too...any contract lacking due consideration is not enforceable. I usually give those who pose for me a print of themselves. To date, everyone has been more than happy with that.
 

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Notice my avatar. I am hard astern.
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This is my understanding too...any contract lacking due consideration is not enforceable. I usually give those who pose for me a print of themselves. To date, everyone has been more than happy with that.
This is where we need a QC! All the pictures I take for Diver however are not representing imaginary people (in nearly every case, Jim). If it is a commercial job or using a professional model, a financial consideration applies.
 

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Sort of member - perhaps, possibly, maybe
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Version two of the YD Guide to Copyright is ready for download - check the Sticky Thread at the top of the photography forum section for the link.

Added; Model releases.

You might need to clear your browser cache to force download of the latest version...
Did that, still only get "version two dated 7.6.2011" - no model release/s. :(
 
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