image rights and use

[GPhoto]

i did some shots of a club for a client(promoter) for his promotional campaign of the night he negiotiated with the club to promote. i signed a waiver and gave him all rights to the photos and for me to only be able to use them for promotional purposes on my part. His campaign is over with the club, but now the club owner is using the photos for his marketing campaign, ie online flyers, my space, and magazine ads. Does have the rights to use them since the photos are in his club but did not pay to have use of them? and he is also giving the photos to other promoters to use? the photos were taking off a webpage and the tag lines have been removed with the original's promoters name and web please advise

[DavidsStudio]

Originally Posted by GPhoto

i did some shots of a club for a client(promoter) for his promotional campaign of the night he negiotiated with the club to promote. i signed a waiver and gave him all rights to the photos and for me to only be able to use them for promotional purposes on my part. His campaign is over with the club, but now the club owner is using the photos for his marketing campaign, ie online flyers, my space, and magazine ads. Does have the rights to use them since the photos are in his club but did not pay to have use of them? and he is also giving the photos to other promoters to use? the photos were taking off a webpage and the tag lines have been removed with the original's promoters name and web please advise

Need more information. When you say you gave the client a waiver, do you mean you gave him the right to use the photos only or did you give him the copyright to the pictures with you just retaining rights to use them for your promotional use? If you, in effect, just gave him a license to use the pictures and did not give him copyright ownership, then the club owner can not use the pictures without your consent (and probably a release from the subjects of the photos). Without copyright ownership, the client could not have given the club owner the right to use the images for any purpose. Hope that clarified things a bit.

[GPhoto]

so in other words.... the fact that he owns the club gives him no rights to the images. no matter what type of agreements me and the promoter had?

[DavidsStudio]

Originally Posted by GPhoto

so in other words.... the fact that he owns the club gives him no rights to the images. no matter what type of agreements me and the promoter had?

Only the copyright holder (I assume that to be you since you took the pictures) has the rights to the images. Only the copyright holder can give others (including models or clients) the rights to use the images. Without a license from the copyright holder, the club owner has no right to use the images.

[Steelsun]

Depends what you mean when you gave the guy you shot for "rights". Did you give him your copyrights? Was it a work for hire and thus he had the copyrights by virtue of that?
If so, then he could give usage rights to the club owner also, without your say so.

If the club owner did not get the rights/permission to use the photots from you or the person you worked for (whoever has the licensing rights), the he broke the law (copyright law).

[dsjsws]

Originally Posted by GPhoto

i did some shots of a club for a client(promoter) for his promotional campaign of the night he negiotiated with the club to promote. i signed a waiver and gave him all rights to the photos

I hate to be the bearer of bad tidings, but if you gave your client the rights to the photos you signed away your rights to them.
So, the question would be if he passed them over to the club owner or not.
You need to read your contract for the first part of the answer and you will need to ask your client what he did with them afterwards.

Donna

[dsjsws]

The system would not let me remove a double posting so here it is....

Moral - never get on line from the office when you really are working. Too easy to get distracted with real work....

[Charles Putnam]

One of the first issues of Digital Photo Pro had an article written by the author of Blinkbid (www.blinkbid.com). It's a software program designed to help you invoice and spell out what rights (and remedies) are conveyed in any images you shoot for others. Helps you to retain copyright, and confer usage rights. Need little program that I'd highly recommend.