 BetterPhoto Member |
Canadian photo usuage laws I noticed this type of question was in this area so I decided to ask this here. This is the situation. I work for a company that has a brochure. They make no monetary gain off the brochure. We hired a photographer to take pics and he signed a contract to give up full usage rights. We think it is only fair that the photo gives him credit by displaying his name on the picture...our head office feels differently. We just wanted to know what the copyright laws are in Canada regarding this matter. Can anyone answer my question? Thanks ahead of time for all answers
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Anonymous |
My understanding is that if a photographer signs a contract giving up their rights to the photo, and has been paid for such usage, then there is no expectation or need for "public" credit for the photo. I could be wrong, but that's my udnerstanding of giving up usage rights.
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Mark Feldstein |
I certainly can't respond to an issue that falls squarely under Canadian law. In the U.S. though, merely giving up full usage rights only impacts actual usage and has nothing to do with the photo credit itself. Photo credit is a separate contractual issue all together. Some photographers here request that in those situations, as a courtesy to them, the publisher whoever it is, provide them with credit "whenever possible and at the publisher's discretion." In addition, generally, (and I mean VERY generally) if a contract in the U.S. is silent on a particular issue that comes up later, ambiguities, omissions and vagueness are construed against the party that wrote the contract in the first place. So, if for example the photographer wrote his own contract chances are the issue of photo credit, in all probability, would be construed against him and even an arbitrator would resort to reasonable industry custom and usage. In the U.S. industry, and again very generally and hypothetically, it's unlikely photo credit would be given. The reason is because in this country unless the photo credit, often including specifics of type style and size, is contracted for beforehand, you don't get it. Even if was provided for in the original agreement its omission usually isn't considered a material breach of the deal but that's a question for a finder of fact. Generally, this is construed as advertising work and photo credit is rarely given for advertising shots whether or not the work itself generates a corporate or company profit from the brochure. If OTOH the company presented him with the agreement and hypothetically, he didn't bring it up at the time before agreeing to its terms and signing it, I'd say he's out of luck. That kind of silence on a significant issue would likely be interpreted as a waiver or "let the company do as it wants" on that issue. If he "didn't know" he should have because he apparently held himself out as a photographer and professionals are usually held to an industry standard of knowledge that applies to their work, including issues regarding photo credit. Stock delivery memoranda cover the usage AND photo credit quite explicity. He should have a form book and complete the forms he needs to cover particular issues. Now, if such is the law of Canada, then I guess "live and learn" eh?
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