Need to have pictures donated for a cause, but want to make sure I protect myself.

[isis297]

What is the name of your state (only U.S. law)? NY

I am working on starting a website that will help a particular cause in particular by raising awareness. I am looking for people to donate pictures related to various topics we will raise awareness on that I can put together a video slideshow and then have someone speaking over the video the information in regards to the topic.

I am looking for people to donate the use of their pictures. I don't want to take ownership of the pictures. The website is not being started as a nonprofit so I just don't want them to come to me later and say, "The video has been seen thousands of times, I've decided I want to be compensated now."

What wording do I need to use when looking for these picture donations to protect myself?

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? NY

I am working on starting a website that will help a particular cause in particular by raising awareness. I am looking for people to donate pictures related to various topics we will raise awareness on that I can put together a video slideshow and then have someone speaking over the video the information in regards to the topic.

I am looking for people to donate the use of their pictures. I don't want to take ownership of the pictures. The website is not being started as a nonprofit so I just don't want them to come to me later and say, "The video has been seen thousands of times, I've decided I want to be compensated now."

What wording do I need to use when looking for these picture donations to protect myself?

Thank you.

If you are looking for people to donate their copyrighted images (and the pictures are automatically copyrighted once they are created), you will want these copyright holders to expressly in writing sign away the necessary rights in the works to you, so that you can use the pictures without infringement.

A license between you and the copyright holder can be used to transfer ALL exclusive rights in the work (which means the copyright holder transfers the copyrights in the work to you and you become the new copyright owner) or a license can be used to allow for you to have limited rights in the work with the copyright holder retaining the copyrights but allowing you to use the picture for your website (perhaps for a limited time or a limited use).

The important thing is to get all agreements between you and the creator of the pictures in writing and signed by both of you so that if a dispute arises later, you have a written agreement in place.

It would probably be smart for you to sit down with an IP attorney in your area to fashion a license that suits both your needs and the needs of the copyright holder. It appears you have a lot of questions cropping up with the start of your new business and an attorney's review of your wants and needs can help you start your business off right.

Good luck.

 

[isis297]

Thank you. So since I'm working with people nationally, I'd have to write something up about just looking to use the pictures for the video indefinitely and then I guess have each person print it out, sign it, and scan it back to me? I am trying to lay out all the legal costs I need to come up with and of course the number is getting bigger and bigger which isn't something I'm in a position to do right now. I'm hoping I can get the site moving at least and then invest as I go along.

 

[quincy]

Thank you. So since I'm working with people nationally, I'd have to write something up about just looking to use the pictures for the video indefinitely and then I guess have each person print it out, sign it, and scan it back to me? I am trying to lay out all the legal costs I need to come up with and of course the number is getting bigger and bigger which isn't something I'm in a position to do right now. I'm hoping I can get the site moving at least and then invest as I go along.

Right. Your website should not have anything on it that belongs to someone else unless and until you have permission from the person to use it. The extent of the permission granted and how this permission is granted is something you can decide with the rights-holder, but all permission should be in writing and signed by the rights-holder (and preferably by both the rights-holder and you).

Legal costs are probably the least planned for but most important expense an individual has when starting any new business. The money expended now can prevent several times that amount having to be spent later, should a suit arise due to the lack of planning for all contingencies in advance.

Your goal should be to prevent as much as possible any lawsuit arising over the content on your site. To this end, in addition to the recommended consultation with a legal professional in your area, you will also want to investigate having liability insurance for your website.

Good luck, isis297.