Help..i think i need a lawyer...[views:7206][posts:36]__________________________________ [Oct 13,2005 1:42pm - succubus ""] do i sign this: holy crap!! I've had to sign a bunch of releases but i am basically sellign my soul to the devil here... PHOTO RELEASE Dated: I _______________________ (name of photographer) hereby agree to the following in favor of Foo Fighters ("you") with respect to the photographs to be taken by me of the members of Foo Fighters (either as a group or as individuals) on the date referenced below (the "Photos"): 1. I have the limited right and permission to use the Photos, subject to your approval of the Photos, solely in connection with one (1) article about Foo Fighters contained in ___________________ _____________________ [name and description of article, publication or other medium]. The Photos may be used only in an article, publication or other medium initially disseminated to the public within one year of the date of this agreement. I shall have no right to use or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation, promotion, advertising, and trade, without your written consent therefor. 2. I hereby acknowledge that you shall own all rights in the Photos, including the copyrights therein and thereto, and accordingly, I hereby grant, transfer, convey and assign to you all right, title and interest throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions thereof), in and to the Photos. I agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. I understand that you will give me appropriate "photo credit" where possible. I understand further that all aspects of said "photo credit" shall be determined by you in your sole discretion and that failure to accord said "photo credit" shall not be deemed a breach of any obligation, express or implied. I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you. 3. You may assign your rights under this agreement in whole or in part. 4. I hereby waive all rights of droit moral or "moral right of authors" or any similar rights or principles of law which I may now have or later have in the Photos. I warrant and represent that I have the right to execute this Release and that the Photos are and shall be new and original with me. I shall indemnify and hold you, and your employees, officers, agents, assignees and licensees, harmless from and against any losses, costs, liabilities, claims, damages or expenses arising out of any claim by a third party which is inconsistent with any warranty or representation made by me in this Release. 5. This Release contains the entire understanding of the parties and will be governed by the laws of California applicable to contracts entered into in California. IN WITNESS WHEREOF, I have signed this Release effective as of this ______ day of _____________________, 20____. By: ___________________________________________ Photographer |
_________________________________________ [Oct 13,2005 1:49pm - DreamingInExile ""] WTF?! so basically you can take pictures of them that you can never use again, you can't do anything with them except hand them over to the Foo Fighters... sheesh, that's total bullshit |
______________________________________ [Oct 13,2005 1:50pm - dirteecrayon ""] "i agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. " looks like they covered all the basis heh |
______________________________________ [Oct 13,2005 1:53pm - the_reverend ""] I would say "one two, fuck you!" |
__________________________________ [Oct 13,2005 1:58pm - succubus ""] i didn't sign it yet..i have my coworkers telling me not to...but then i won't get to shoot them.. sigh at least they pay to copyright the images themselves hahaha when i sign these things i usually enter the names of several mags/papers that i work/freelance for, but she emailed me saying to only list the 1 magazine in the space provided... they are a TOUGH pr company...point 1 says "if they agree" i can add a pic to my portfolio... manson said ok to my portfolio only, not my site...i'm trying to think who else...there was someone else...i forget who...some other big band i shot... but i think if i ask her if i can put one in my portfolio after, she'll probably say no...dunno though |
__________________________________________ [Oct 13,2005 2:01pm - davefromthegrave ""] it almost seems like it's not worth doing |
_____________________________________ [Oct 13,2005 2:02pm - RustedAngel ""] foo fighters are gay. fuck that. I would say no. |
__________________________________ [Oct 13,2005 2:06pm - succubus ""] Weezer doesn't care and didn't ask me to sign anything. they are usually good about crediting though...if you look at the live pics on the site, they are credited... |
________________________________ [Oct 13,2005 2:14pm - MadMac ""] Weezer, my brother use to see them when they were called Avant Garde in CT. |
__________________________________ [Oct 13,2005 2:17pm - succubus ""] same thing happened when i shot manson..except i have the copyright and when i emailed to ask if i could use pics on my portfolio they said yes |
__________________________________________ [Oct 13,2005 2:17pm - largefreakatzero ""] RustedAngel said:foo fighters are gay. fuck that. I would say no. Precisely. The gayness of this band should make your decision for you. |
__________________________________ [Oct 13,2005 2:19pm - succubus ""] sorry but i love the band and dave grohl's an awesome dude too (larissa can also vouch since she met him as well). I didn't sign it yet not sure what i'm doing...if i edit it i know she'll notice...whatever happens i'm bringing a copy to the show and if i see dave i'm going to show it to him...i wonder if he knows or not |
______________________________________ [Oct 13,2005 2:25pm - Anthony nli ""] hey carina, my gf and I are going to this i dont really know weezer or the other band, so we're going for the foo fighters. we have ga tickets, so maybe I'll see you there! |
_______________________________________ [Oct 13,2005 2:26pm - Joe/NotCommon ""] dave grohl can be an awesome guy, because his agents and pr people cover the dickhead bases for him dont sign that |
__________________________________ [Oct 13,2005 2:28pm - succubus ""] Hey Anthony! The manager of the venue really likes my pics and wants me to get some crowd shots for him...so yell out my name and i will get pics of you guys! |
______________________________________ [Oct 13,2005 2:32pm - Anthony nli ""] sweet! we may be up at the front, it depends on how much effort we feel like putting in to jostling our way up there hehe |
__________________________________ [Oct 13,2005 2:49pm - succubus ""] w00tness! |
_____________________________________________________________________ [Oct 13,2005 2:50pm - ryanfromhbbsi still isnt fucking logged in ""] just do it for money. selling out should be the master plan |
________________________________ [Oct 13,2005 5:37pm - JayTUS ""] That's pretty bullshit. |
_______________________________________ [Oct 13,2005 5:37pm - Joe/NotCommon ""] JayTUS said:That's pretty bullshit. Aren't you that guy who likes Creed and the Red Sox? |
_________________________________ [Oct 13,2005 5:56pm - danny_p ""] Joe/NotCommon said: Aren't you that guy who likes Creed and the Red Sox? well he IS a photographer, and that is information relevant to this thread. |
________________________________ [Oct 13,2005 9:55pm - JayTUS ""] I also like long walks on the beach and Quiznos, what's your fucking point? |
___________________________________________________ [Oct 13,2005 10:48pm - agnostic fronts lawyer ""] agnostic fronts lawyer here...i haven't posted since that tragic plane crash a few month's ago but anyway... unless your being paid for this ..don't sign it and don't do it.. nothing good {for you} will come from it and only bad could . |
___________________________________ [Oct 13,2005 11:55pm - Bradness ""] do it, it's good for your carreer. You take awesome pics and when they see them they'll wanna use them and let you promote your site with them. Swear to GAWD |
__________________________________ [Oct 14,2005 8:23am - succubus ""] Bradness said:do it, it's good for your carreer. You take awesome pics and when they see them they'll wanna use them and let you promote your site with them. Swear to GAWD i <3 you |
__________________________________ [Oct 14,2005 8:33am - Bradness ""] succubus said:Bradness said:do it, it's good for your carreer. You take awesome pics and when they see them they'll wanna use them and let you promote your site with them. Swear to GAWD i <3 you nice. just tell them you asked Brad, and he said it was cool, they'll know what that means. |
____________________________________ [Oct 14,2005 8:34am - Sinislazy ""] I wouldn't do it, myself, but I have no talent for taking photos. |
__________________________________ [Oct 14,2005 9:07am - succubus ""] i did it but ... muahahaha i think i'll be fine =) |
_________________________________ [Oct 14,2005 9:14am - godamn ""] you posted this asking if you should do it. most of the people said no you shouldn't, but you did it anyways. why bother posting this? |
__________________________________ [Oct 14,2005 9:21am - succubus ""] and why post as godamn instead of your name? I'll answer anyhow: I wanted peoples opinion's. and something else came up causing me to sign it...but I didn't post about it here...not that I need to explain myself to you but there you go |
___________________________________ [Oct 14,2005 10:07am - Bradness ""] succubus said: and something else came up causing me to sign it... when in doubt, ask Brad. They knew the power. |
___________________________________ [Oct 14,2005 10:08am - succubus ""] I know it!! |
________________________________ [Oct 14,2005 9:30pm - JayTUS ""] Shit like that turns me off on the whole industry. Makes me want to take a camera in on my own and just take pictures anyway. So lame. |
____________________________________ [Oct 14,2005 9:35pm - anonymous ""] Wait, didn't you post about looking all over to buy a CD that used your photos? Aren't you supposed to get a free copy? |
__________________________________ [Oct 14,2005 9:47pm - succubus ""] actually if you shoot "large" bands you sign a release...the only odd thing is that they own the copyright. i already talked about me using the pics and it is ok, but they want to see them before. i came home today and they sent me a ticket, promo kit including cd and other stuff ~~and anon are you talking to jay? bcz that never happened to me |
________________________________ [Oct 15,2005 8:10am - JayTUS ""] Probably talking to me. I hate asking for shit, so I just bought it on my own. If the band was some super huge band like Foo Fighters, I would have asked to get paid for it and wouldn't pay for the CD, but Zombie Apocalypse isn't exactly huge, so I just bought it... and didn't ask for money for them to use it... even though they DID offer... |
_________________________________ [Oct 15,2005 9:10am - Slasher ""] do it for the money, otherwise fuck those bitches |