As a photographer who consistently enforces my copyrights and encourages others to do the same, colleagues are often surprised to learn that I do not support the CASE Act in its current form. At first glance, it sounds amazing: a low-cost, fast, informal way to resolve infringement claims, presumably without even the need for an attorney. A more thorough review of the Act’s provisions, however, reveals numerous caveats that, in my opinion, will be very easy for a resourceful infringer to exploit.
The topic of usage fees remains at the top of the list of questions I observe among architectural photographers. Many of us concur that a “standard” license for a commercial client would typically include rights for the client to use the images on their own website, social media, local advertising, and for other purposes of self-promotion (some refer to this as a “publicity and collateral” license). However, where exactly to draw the line varies dramatically across the industry.
Most of us love being photographers, but let’s face it: we don’t do this for fun. Don’t get me wrong—I’m grateful to have the opportunity to express myself creatively and earn a living doing something I enjoy. But that second part, the “earn a living” part, comes at the expense of my own sanity if the compensation for the work is not equitable.
In Part One of this series, we discussed some of the basics of insurance, why we need it, and where to begin your search for a business policy. Armed with this foundational knowledge, we are ready to delve into much more specific topics to assist in your search for a policy or review of your existing coverage.
As businesses cautiously but optimistically resume operations, many are posting notices or asking customers to sign a COVID-19 waiver. Given the proactive stance many businesses are taking to shield themselves from liability, how do the potential legal implications of COVID-19 affect us as photographers? Do you need a coronavirus waiver to protect your business? Would such a document even stand up in court?
Q: I'm an architecture and Interiors specialist in Detroit, I basically give my clients a non-exclusive perpetual unlimited usage license, and include contest entry, but this wouldn't include editorial feature usage. How frequently are large publications going to...