When you have earned your living in photography as long as I have you learn a little bit about the law as it pertains to our craft. What I have learned is that that it is not safe to do business in today's litigious society without a good well thought out and professionally approved binding contract spelling out the rights of all parties concerned. There is just too many misapprehensions, folk lure, urban legend, assumptions and old wives tales out there and believe me, some of them could not be further from the truth.
In today's day and age there are just too many pitfalls and perils that can befall a photographer/business person that there are no simple or all inclusive answers to various aspects of contract law as it applies to images usage.
Sometimes there are really no implied laws or blanket laws that cover you automatically. Nowadays one of the biggest legal specialties is is patent, copyright, intellectual property and trademark law. It is best to consult with such a specialist before you get into trouble. Once you have to sue someone or are on the receiving end of a lawsuit, that is when you start throwing money into an endless pit. What ever money you spend, in advance, for legal advice in creating a proper contract with all the right stipulations and clauses to protect your integrity, your money is indeed well spent.
I have seen a few instances where a photographer was driven into bankruptcy by quite innocently placing a image in the Internet. Remember, ignorance of the law is no excuse. If you even unknowingly affect someones privacy or do something that infringes on someones rights, even if it is not intentional- as they say in law school-"your ass is grass"! By the same token you don't want your interests diminished by someone who uses you images with reckless abandon and cares nothing about the ramifications.
It's ludicrous that photographers will spend thousands upon thousand of dollars on equipment and setting up their studios but they oftentimes won't care about insurances and protective contracts which need to be put in place to protect all they have invested in.
My advice- ASSUME NOTHING! Don't take advice from other photographers (even me) when it comes to the letter of the law and even the spirit of the law. Just remember, any logical agreements written up in a legal contract are enforceable and fully binding by all parties as long as the contract does not include illegal elements.
Create a rough draft of a contract which addresses with all of your concerns and possible perils. Make a list of any and all questions before seeing you lawyer. Theses folks charge by the hour so preparedness is important. I situations like this I usually send an Email out to my lawyer with all the background information and questions. She in turn will prepare some answers so when I get there we are not starting from scratch. A few minutes that it takes a lawyer to highlight some of you questions in a letter and have some information for you drafted up in advance will cost you less than long explanatory verbal explanations. When you get to the office you can get into the real nitty-gritty technical stuff.
Ed
Good luck to all. Ed
