Need help with photo rights

[twitterpictures]

Hey all,

I am planning to run a Twitter page where I post images from other photographers. I'm working on negotiating with the photographers at the moment, but the thing I need help with is a legitimate way to grant me the legal right to post their images to my Twitter account.

I need to clarify my usage rights for the images from the photographers for this given situation:

They provide me with a website URL where they have their photographs and specify which (or all) photographs that can be used or send me images via email. I need the right to post those images on what I believe would be a limited basis (correct me if I'm wrong; that's just what I read somewhere) to social media platforms under my Twitter account contingent on me including either their personal Twitter handle or the website URL from which the images were sourced in each post where their images are used.

Can someone help me work up some sort of legal jargon that can facilitate this type of arrangement? I'm not schooled in law by any means, but I'm looking to do this transparently and above-board.

Thanks

 

[quincy]

Hey all,

I am planning to run a Twitter page where I post images from other photographers. I'm working on negotiating with the photographers at the moment, but the thing I need help with is a legitimate way to grant me the legal right to post their images to my Twitter account.

I need to clarify my usage rights for the images from the photographers for this given situation:

They provide me with a website URL where they have their photographs and specify which (or all) photographs that can be used or send me images via email. I need the right to post those images on what I believe would be a limited basis (correct me if I'm wrong; that's just what I read somewhere) to social media platforms under my Twitter account contingent on me including either their personal Twitter handle or the website URL from which the images were sourced in each post where their images are used.

Can someone help me work up some sort of legal jargon that can facilitate this type of arrangement? I'm not schooled in law by any means, but I'm looking to do this transparently and above-board.

Thanks

You did not mention your state name, twitterpictures. This site covers U.S. law questions only, so what follows is U.S. law. If you are posting from another country, you will need to seek advice from a forum or an attorney in your area of the world.

First, you are very smart to be seeking licenses from photographers before posting their copyrighted images.

There was a notable case decided in November of last year that resulted in a jury award of $1.2 million to a freelance photographer (Daniel Morel), because his Haiti earthquake photos that he posted to Twitter were used without authorization by both Agence France-Presse and Getty Images.

That suit was one of the first to address the copyrights in images posted on Twitter. The images should not be used by third parties without the express permission of the rights-holder.

With all of that said, no one here can help you create a license for use with the photographers whose images you wish to post on Twitter, because that is considered practicing law. Most who post to this site are not attorneys and if they were to assist you, that would be considered practicing law without a license. Those who post to this site who are attorneys would be violating their professional code to assist.

You have some options, though. You can search online for some sample licenses (and it sounds as if you will want to acquire a "limited license" from the photographers, to use their photos for a specific purpose only) and any sample you find could potentially be worked to fit your needs. And/or you can have a professional in your area help you draft a license that covers your needs and the needs of the photographers. It is also possible (maybe probable) that the photographers will have their own licenses that they use with regularity that might work for you.

Again, I applaud you for looking at the legal requirements for use of another's copyrighted material instead of going ahead and using the material without permission, and I am only sorry that we cannot help you with the drafting of the license agreement.

Good luck.

 

[twitterpictures]

Snip

Hi Quincy,

I was able to use templates to draft a document, but I'm not confident enough in my knowledge of the law to know how accurate it is. I've omitted the personal information for myself and the photographer, but the document is as follows: (And, for the record, I'm not totally sure what #4-6 mean .. which isn't good)

This Agreement is entered into on February 23, 2014, between [MY NAME], hereinafter referred to as the "Grantee", located at [MY ADDRESS], and [PHOTOGRAPHER'S NAME], hereinafter referred to as the "Artist", located at [THEIR ADDRESS]

Whereas, the Artist hereby represents that he/she has created images that are his own original work of art or craft and they are not made from copyrighted material or patterns and said images are titled and described as:

Title: Their Photograph
Description: Photograph Description

Title: Additional Photograph
Description: Additional Photograph Description

Whereas, the Grantee wishes to use the above described work to be posted on his Twitter account, [MY TWITTER URL]; Now therefore, in consideration of the mutual promises set forth below, as well as other valuable consideration, the parties agree as follows:

1) The Artist grants to the Grantee limited rights to publish any of the four images to his Twitter account contingent on each post including a direct link to the source URL, [URL SOURCE OF IMAGES]

2) The term of this contract is for one calendar year, commencing upon both parties signing this contract.

3) The Artist shall retain all copyrights in and to the image. The Grantee shall identify the Artist as the creator of the image on his Twitter account by including the source URL of the images [URL SOURCE OF IMAGES] within each post where The Artist's image(s) are used.

4) The Artist shall indemnify and hold the Grantee harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Grantee, arising out of any alleged use of the image which violates or breaches a third party's property rights.

5) Neither party shall assign rights or obligations under this agreement.

6) Nothing herein shall be construed to create a joint venture between the parties, nor shall any similar relationship be deemed to exist between them.

7) This agreement shall be construed in accordance with the laws of the State of [MY STATE], except for copyright law, which shall be interpreted in accordance with national and international copyright law.

8) This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except upon a written agreement signed by both parties.

 

[quincy]

Hi Quincy,

I was able to use templates to draft a document, but I'm not confident enough in my knowledge of the law to know how accurate it is. I've omitted the personal information for myself and the photographer, but the document is as follows: (And, for the record, I'm not totally sure what #4-6 mean .. which isn't good)

This Agreement is entered into on February 23, 2014, between [MY NAME], hereinafter referred to as the "Grantee", located at [MY ADDRESS], and [PHOTOGRAPHER'S NAME], hereinafter referred to as the "Artist", located at [THEIR ADDRESS]

Whereas, the Artist hereby represents that he/she has created images that are his own original work of art or craft and they are not made from copyrighted material or patterns and said images are titled and described as:

Title: Their Photograph
Description: Photograph Description

Title: Additional Photograph
Description: Additional Photograph Description

Whereas, the Grantee wishes to use the above described work to be posted on his Twitter account, [MY TWITTER URL]; Now therefore, in consideration of the mutual promises set forth below, as well as other valuable consideration, the parties agree as follows:

1) The Artist grants to the Grantee limited rights to publish any of the four images to his Twitter account contingent on each post including a direct link to the source URL, [URL SOURCE OF IMAGES]

2) The term of this contract is for one calendar year, commencing upon both parties signing this contract.

3) The Artist shall retain all copyrights in and to the image. The Grantee shall identify the Artist as the creator of the image on his Twitter account by including the source URL of the images [URL SOURCE OF IMAGES] within each post where The Artist's image(s) are used.

4) The Artist shall indemnify and hold the Grantee harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Grantee, arising out of any alleged use of the image which violates or breaches a third party's property rights.

5) Neither party shall assign rights or obligations under this agreement.

6) Nothing herein shall be construed to create a joint venture between the parties, nor shall any similar relationship be deemed to exist between them.

7) This agreement shall be construed in accordance with the laws of the State of [MY STATE], except for copyright law, which shall be interpreted in accordance with national and international copyright law.

8) This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except upon a written agreement signed by both parties.

What is the name of your state, twitterpictures?

I can answer your questions on Numbers 4, 5 and 6, but you will want everything reviewed by an attorney in your state. In addition, both you and the photographers should review and understand all Twitter terms and conditions.

Number 4 essentially protects you in case what the Artist has licensed for your use has violated another's rights (for example, if the image the Artist provides is found to infringe on another photographer's work). You are relying on the Artist to license to you only work in which they hold all copyrights. This provision, as a note, does not necessarily mean that you will not be named in a suit anyway.

Number 5 uses the word "assign." Assign means to transfer. Number 5 essentially means that the agreement remains between you and the Artist and you cannot transfer any rights granted in the license to anyone else.*

Number 6 uses the words "joint venture." A joint venture is a business arrangement where each party has an equal voice in a common project. Number 6 essentially means that your relationship with the Artist is only as is spelled out in the license (an agreement granting limited rights to use the Artist's copyrighted material).

The agreement you have printed sounds good but needs some work. I recommend you have the license personally reviewed by a legal professional in your area, who can also personally review all of the facts of your proposed Twitter page and exactly how you intend to use the photos. The professional can also review with you how best to address Twitter's terms and conditions* in your license, so you are ensured your photographers are fully aware of them.

Good luck.


*Twitter terms and conditions: https://twitter.com/tos

 

[twitterpictures]

What is the name of your state, twitterpictures?

I can answer your questions on Numbers 4, 5 and 6, but you will want everything reviewed by an attorney in your state. In addition, both you and the photographers should review and understand all Twitter terms and conditions.

Number 4 essentially protects you in case what the Artist has licensed for your use has violated another's rights (for example, if the image the Artist provides is found to infringe on another photographer's work). You are relying on the Artist to license to you only work in which they hold all copyrights. This provision, as a note, does not necessarily mean that you will not be named in a suit anyway.

Number 5 uses the word "assign." Assign means to transfer. Number 5 essentially means that the agreement remains between you and the Artist and you cannot transfer any rights granted in the license to anyone else.*

Number 6 uses the words "joint venture." A joint venture is a business arrangement where each party has an equal voice in a common project. Number 6 essentially means that your relationship with the Artist is only as is spelled out in the license (an agreement granting limited rights to use the Artist's copyrighted material).

The agreement you have printed sounds good but needs some work. I recommend you have the license personally reviewed by a legal professional in your area, who can also personally review all of the facts of your proposed Twitter page and exactly how you intend to use the photos. The professional can also review with you how best to address Twitter's terms and conditions* in your license, so you are ensured your photographers are fully aware of them.

Good luck.


*Twitter terms and conditions: https://twitter.com/tos

Thank you for the advice! And that was the idea. I wanted to try my best to work something out and run it by a local lawyer to double check.

I'm in the state of Michigan - in case that affects anything.

 

[quincy]

Thank you for the advice! And that was the idea. I wanted to try my best to work something out and run it by a local lawyer to double check.

I'm in the state of Michigan - in case that affects anything.

Thanks for providing your state name, twitterpictures. The state name is requested of all posters so, one, we know we are talking about U.S. law (which is different than laws in other countries) and, two, state laws can come into play with questions asked on the forum. State laws, just like the laws between countries, can vary in significant ways.

And, knowing you are from Michigan makes me like you better.

What I see as needed in your license is a written and signed recognition by your photographers that Twitter terms and conditions are acceptable to them. When you have a Twitter account, you are granting a license to Twitter (and to its partners and affiliates) the right to use the material that is published. So a photographer who grants you a limited license to post photos is also in essence granting a license to Twitter.

You are smart to gather information in advance, as this can save you time and money when you sit down with an attorney in Michigan to polish your license. Your goal, of course, is to make sure the license you use with the photographers covers all that it needs to cover to protect the rights of both you and the photographer.

Good luck.

 

[twitterpictures]

Thanks for providing your state name, twitterpictures. The state name is requested of all posters so, one, we know we are talking about U.S. law (which is different than laws in other countries) and, two, state laws can come into play with questions asked on the forum. State laws, just like the laws between countries, can vary in significant ways.

And, knowing you are from Michigan makes me like you better.

What I see as needed in your license is a written and signed recognition by your photographers that Twitter terms and conditions are acceptable to them. When you have a Twitter account, you are granting a license to Twitter (and to its partners and affiliates) the right to use the material that is published. So a photographer who grants you a limited license to post photos is also in essence granting a license to Twitter.

You are smart to gather information in advance, as this can save you time and money when you sit down with an attorney in Michigan to polish your license. Your goal, of course, is to make sure the license you use with the photographers covers all that it needs to cover to protect the rights of both you and the photographer.

Good luck.

Alright, I added a little snipped at the bottom for #9:

"9) The Artist accepts the Twitter Terms of Service User Agreement and acknowledges that the provided images are compliant with the Twitter copyright regulations."

I'm no pro on legal jargon; do you think that covers it? Obviously I'll want to run it by a lawyer, but I think that should be a decent starting point.

 

[quincy]

Alright, I added a little snipped at the bottom for #9:

"9) The Artist accepts the Twitter Terms of Service User Agreement and acknowledges that the provided images are compliant with the Twitter copyright regulations."

I'm no pro on legal jargon; do you think that covers it? Obviously I'll want to run it by a lawyer, but I think that should be a decent starting point.

The images provided by your photographers should be compliant with the Twitter copyright regulations if they are compliant with the second paragraph of your license. What is needed in your Number 9 is reference to, and an agreement of your photographers to, the granting of rights given Twitter when images are posted to a Twitter account.

You are right to run your entire license agreement by a lawyer in your area to make sure that all areas that need covering are covered properly, to protect both you and your photographers from a lawsuit (or, at any rate, to protect as much as is possible, because no agreement can really prevent a lawsuit).

Again, I think you are very smart to be thinking ahead for ways to avoid legal entanglements, so you don't find yourself having to untangle yourself from them later. Good luck, twitterpictures.