Guys, I need your URGENT advice!!!

[ns134]

sometime back, I was asked to help out a photographer friend who was hired by a clothing designer to do a shoot.
I took my camera and was taking pics along.
The clothing designer who hired him was aware that I was taking pics the whole time.
I was never compensated, nor did we agree that I would hand over the pics to her.

So here is the issue.

With permission of the makeup artist and model, I took pics of her working on the model. The model was not dressed in the designers clothing.

I posted these pics on facebook (of the makeup artist and the model).
Now the designer is pissed.

This is what she wrote me.

"Naheeda, you came along as a helper/assistance as per Mr. Ali , you were going to help him & working under him.
I am Dissapointed that I requested Waleed, for pictures of even the Making of the make-up Artist, & he denied that any were taken. Although The make up artist told me he had taken pictures. I am looking at your facebook & I can see them all posted here!. This is copyright and illegal. Naheeda you cannot post pictures that do not belong to you . I hereby politely request you to drop them out and hand them over to me . "

"I request you to present to me the entire collection of photo shoot , you will not keep no copies or or use any of these pictures for your marleting or advertising purpose"


So...what do I respond to this???

[KJ Smith]

Tell her no.

Unless you entered an agreement with the lead photographer that assigned your rights to him, or you were working under the direction of the Designer.

If you took the pics they are yours. The copyright is yours.

[bondarnes]

I suggest that you politely remind her that the maker (you) of a photographic image is the sole owner of the copyright of that image unless a work for hire agreement was previously signed by the maker. But as a practical matter you might want to remove them from your facebook page. If this doesn't end it, I suggest you seek legal counsel. And relax, she doesn't have a legal right to demand you hand your images over to her without properly compensating you for them.

[markfh]

Never hurts to consult an IP lawyer. I'm sure you can get a referral here. If you need one let me know. I know and have used several good ones.

[revjvegas]

+1 what Don said.

Also, the designer may be presuming, incorrectly, that the photog that was hired for the shoot took those picture and not you?

[dbphotos]

Originally Posted by bondarnes

I suggest that you politely remind her that the maker (you) of a photographic image is the sole owner of the copyright of that image unless a work for hire agreement was previously signed by the maker. But as a practical matter you might want to remove them from your facebook page. If this doesn't end it, I suggest you seek legal counsel. And relax, she doesn't have a legal right to demand you hand your images over to her without properly compensating you for them.

The statesman has it right again!

[Tom]

While you have the RIGHT to post them, burning bridges and getting people mad at you isn't always the best way to move forward with your photographic career. You don't want them to go behind your back and give you a bad rep with prospective clients.

Tread lightly.

[ns134]

Thank you for your reassurance! I know my rights regarding copyright, but Don and the rest of yall have made me feel a little relieved. I have a lawyer and I am calling him first thing in the morning. I will keep you guys updated!

And Thomas, I couldn't agree with you more!!

[Tom]

I wouldn't pay a lawyer a hour's worth of time unless they are pushing something.

They aren't going to file a suit against you if you didn't sign anything.

Just decide what you want to do:
Tell them you have the right to put them up, but as a show of goodwill, you will take them off facebook.
Tell them "**** OFF, I've got the copyright, and you never came into a copyright agreement about them."

Unless these things are spectacular or portfolio changing, I would just take them down.

[Zack Davis]

Don't forget if you're a member of PPA you can always contact the law firm they keep on retainer for such purposes. :)

[markfh]

I have a lawyer and I am calling him first thing in the morning.

If they're not an IP lawyer get one. There's a reason why they specialize.

[ns134]

Originally Posted by markfh

If they're not an IP lawyer get one. There's a reason why they specialize.

Actually one of the two lawyers that I know is an IP lawyer whom I had met in a Journalism Ethics class. She was a guest speaker. She handed out her info to us and I spoke with her one on one regarding my photography and a few general questions I had regarding it.

[brad]

Everyone is correct.

You are also incorrect.

The shoot was a work for hire. The styling, the makeup, the clothing was all proprietary work of the clothing designer. You cannot disseminate images of that process without written consent of the designer.

You own the pictures, yes. But the designer owns the IP of what the images show. You cannot show that IP wthout their permission.

You have every right to refuse to hand over the pictures. You do NOT have the right to display them without the designer's permission.

I know it sounds like a fine line, but its there.

[KJ Smith]

Originally Posted by brad

Everyone is correct.

You are also incorrect.

The shoot was a work for hire. The styling, the makeup, the clothing was all proprietary work of the clothing designer. You cannot disseminate images of that process without written consent of the designer.

You own the pictures, yes. But the designer owns the IP of what the images show. You cannot show that IP wthout their permission.

You have every right to refuse to hand over the pictures. You do NOT have the right to display them without the designer's permission.

I know it sounds like a fine line, but its there.

I see what you are saying.
Even though she wasn't working under her direction, she was still capturing her concept.

Fine line, good point.

[ns134]

Originally Posted by brad

Everyone is correct.

You are also incorrect.

The shoot was a work for hire. The styling, the makeup, the clothing was all proprietary work of the clothing designer. You cannot disseminate images of that process without written consent of the designer.

You own the pictures, yes. But the designer owns the IP of what the images show. You cannot show that IP wthout their permission.

You have every right to refuse to hand over the pictures. You do NOT have the right to display them without the designer's permission.

I know it sounds like a fine line, but its there.

It is a good point.
I realize I was wrong in the sense that I shouldn't have posted them without asking.


Another question to you guys...

She is asking to meet me today to hand over the rights to my images. I have emailed the lawyer and won't respond to her until the lawyer gets back to me.

When this situation comes up, I know I have one of two options. 1) refuse to hand over the rights of the images
or 2) hand over the rights to the images

I want to avoid handing over the rights to the images.
However ican sell her a CD with the images for use. How much can I charge her? Is that a good option to do?
How do I go about in this exchange?
Is there a better option???