The lawyer I spoke to is more experienced with Estate Planning, Taxation, Probate and Asset Preservation. Therefore, I was a bit nervous about asking him about copyright laws. He told me that every lawyer had the opportunity to study all types of laws when in school. So, I just surrendered to the nerves, and asked him all the questions that I have listed prior to this blog. I was relieved that he knew most of the answers. He used terms that I would understand, and was very straight to the point. However, with the questions he was not 100% sure about, he would ask someone in the firm (I believe it was his paralegal). No matter what question I threw at him, he did whatever it took to find the correct answer. He would not give me an answer that he was not sure about. I would like to believe it is because he wanted to help me through my final project; however, thinking back I believe it is because he is trained not to give out inaccurate information. “An attorney will use their years of experience to ensure that you [and your rights] are not trampled on or limited” (Best Business Practices for Photographers, John Harrington, Ch. 15, pg 225). Here are the questions I asked, once again, with the answers the lawyer provided.
1. What rights do I retain when using company software?
You retain Confidentiality rights and Privacy Rights
2. In a series of photographs, do I copyright individually or as a series?
It is best to copyright each individual photo than a series. The reason why is because in the event that a photo is removed from the series, you will have no case.
3. What is the average price to keep an attorney on retainer?
The average cost to keep an attorney on a retainer is anywhere from 1000 to 5000 dollars depending on the attorneys hourly rate. (more seasoned attorneys and partners have a higher hourly rate)
4. If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?
If the client does not pay for the design he has no rights to it, if you pay the for the design it is yours.
5. Do salaried employees have any rights to finished products?
Salaried employees do not hold any rights to a finished product because they are not the creators of said item, they would only hold rights if they had a direct idea or impact other than what they were hired and paid to do.
6. If I took a scene from Alice and Wonderland and used that scene as a reference and did a photo shoot from that reference, am I infringing any laws?
If you use the reference exactly in your photo, just use different models, then you are potentially infringing the law. If you use it just as to be inspired, you are not infringing any laws.
7. If someone like the photography assistant, model, or anyone else on set, gets hurt at my photo shoot, am I liable?
You would be held liable unless you had them sign a waiver or some sort of contract stating that they are liable for any occurrences that were to happen while on set or at work.
8. Should I create a contract before the photo shoot to prevent that and pass them out to everyone on set?
You should create a contract or some kind of model release statement either before or after the shoot so you and or your publisher (the company that you work for) is not liable and cannot be sued
9. Can I use photographs that have no release documentation (ie model release forms, location release forms) into a portfolio or a book?
Portfolio and a published book are two different things. You do not need a release documentation for your portfolio because your intention is to sell yourself. With a published book you do need release documentation because you are selling your art.
10. When is point of creation, rough or final product?
Point of creation is at both rough and final product
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