jdhill 0 #1 April 13, 2004 I have heard of this situation going on in places (don't know specifically where), and actually seen it at one event... Would you sign an employment contract (or event waiver) where the DZO or event organizer were to own ALL rights to any video or stills you shot on a work jump? JAll that is necessary for the triumph of evil is that good men do nothing. - Edmund Burke Quote Share this post Link to post Share on other sites
PhreeZone 20 #2 April 13, 2004 Yeah... its conditions of employment at one thing I'm trying to get picked up to do this year. Basically the employer is paying for the slots and some other payment in exchange for the video and stills. The rights to the photos and video would be owned by them with proper credits being given to me in the case of usage. I would also get a portion of the sales money off any stills that I would shoot.Yesterday is history And tomorrow is a mystery Parachutemanuals.com Quote Share this post Link to post Share on other sites
jdhill 0 #3 April 13, 2004 They would OWN them, or have rights to use them, meaning you have no rights to use them for any purpose yourself? As for the portion of the sales money, what type of %, more or less than half? JAll that is necessary for the triumph of evil is that good men do nothing. - Edmund Burke Quote Share this post Link to post Share on other sites
PhreeZone 20 #4 April 14, 2004 They would own the images and would publish them as Eric Boerger/XXX Productions. I would basically lose all publishing rights to the photos that I would shoot during my contract since I have to turn in all memory cards at the end of each day or when they are full to the production company and then they download them into master archives and lose my copy of the images. As for the $.. that is in the contract. I do not have the %'s since I am still working to even be considered for this contract.Yesterday is history And tomorrow is a mystery Parachutemanuals.com Quote Share this post Link to post Share on other sites
stratostar 5 #5 April 14, 2004 I was going to work at a dz in the midwest this season, till I saw the contract that said, "any and all media, posters, artwork of any kind, video assertained in the duty of the contractors work shall be property of xzy dz, contractor has no rights to further comp, and no right to publication without permission of xzy dz" In other words, if I shoot a tandem video without stills but still shoot some on my own the dz would own them, even if it was a photo of my wife riding in the plane, or a cool shot of a cloud out the door, not mine to do with as I please because I assertained those photos while performing dutys as a contractor. Myself and one other refused to sign, but the others didn't even really seem to read the contract, they fliped through it and signed it, but seeing how most of them are lowtime video flyers I guess they don't know any better or are just stupid. So NO I would not work for someone who would do that, it's a fucked up thing to do to give up your copyrights, unless Norm kent called you and asked you to take part in one of his films then that is understandable, but I don't think he'll call anytime soon. If your an employee you have no rights to any footage/photos. If you are an independent contractor you retain ALL copyrights by law, UNLESS you agree to that in writing I feel that it is a chickenshit thing to do to hard working photographers/videographers, after all we are the ones who spent all the money to own the cameras and the rest of the crap we need to do the job, if the dz want to pay for ALL the equipment even rigs, then they can have the rights, we don't break even half the time as it is.you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo Quote Share this post Link to post Share on other sites
jdhill 0 #6 April 14, 2004 Would you agree to something like this for run of the mill student type work? JAll that is necessary for the triumph of evil is that good men do nothing. - Edmund Burke Quote Share this post Link to post Share on other sites
PhreeZone 20 #7 April 14, 2004 Student work? Probally not. Most the reason I am going to go digital is so that I retain the images and yet the student can get a copy too.Yesterday is history And tomorrow is a mystery Parachutemanuals.com Quote Share this post Link to post Share on other sites
dsbbreck 0 #8 April 14, 2004 At my DZ, the contractor contract states that the DZ has a right to a copy and a right to use all video shot during the course of my employment but says nothing about having exclusive right to it. I specifically asked about my rights to use it as well and was told it's my footage, they just have the right to use it as well.David "Socrates wasn't killed because he had the answer.......he was killed because he asked the question." Quote Share this post Link to post Share on other sites
lopullterri 0 #9 April 17, 2004 At the Dz (Midwest) that I worked at , the contracters agreement said nothing about rights to my photos/video, yet when I left there I was told that the owned my work, including the blowups I paid for and mounted on the wall (This was to sell stills to tandem students). They claimed that the statement was made in the waiver that EVERYBODY signs to jump there. That statement is meant for the people buying the video/stills. Needless to say it got kind of ugly, especially since the three they insisted on keeping were the ones I did on my own time, without compensation. They refused to let me have them, but did finally pay me for the charge to enlarge them.~"I am not afraid. I was born to do this"~ Quote Share this post Link to post Share on other sites
motherhucker 0 #10 April 18, 2004 QuoteI have heard of this situation going on in places (don't know specifically where), and actually seen it at one event... Would you sign an employment contract (or event waiver) where the DZO or event organizer were to own ALL rights to any video or stills you shot on a work jump? J I don't think the standard employment contract (at a dz anyhow) can touch your exclusive rights to the footage--eg: if you sell some footage of a tandem you shot to Fox Sports, the DZ can't come after you (or Fox Sports) for $$. mh Quote Share this post Link to post Share on other sites
quade 4 #11 April 18, 2004 The key phrase that MUST be in the contract in order for it to actually stick is "Work for Hire". If they don't use the phrase, it's not valid and you still own the rights to the footage -- unless you're an employee, which opens up a different can of worms for the employer.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
motherhucker 0 #12 April 18, 2004 good point. I didn't answer the actual question before--Would I...? NO. I won't ever give up the rights to my footage without good reason or good pay. (maybe occasionally for charity--but I can't see how I'd ave to give up RIGHTS for charity) mh Quote Share this post Link to post Share on other sites
skydance1954 0 #13 April 19, 2004 I'm thinking in general, not. If there is a special big event where I'm hired as part of a team to film the event, then maybe. I've put a lot of money into my setup, and this is what I do exclusively. Giving up the RIGHTS to the pictures would be a very bad idea. Imagine this: you're on a dive that you paid to go on, and you get 'that one shot' that is going to be your signature for the whole season. You could sell it to everyone on the DZ, and make the cover of both Parachutist and Skydive magazine. But the DZ owns the rights. Two things might happen: you sell the photos and the DZ takes, or tries really hard to take both profits and credits, or you don't sell the pictures 'cause you don't want to deal with the issues. Both situations suck. I'm doing the work, I made the investment, the pictures belong to me.Mike Ashley D-18460 Canadian A-666 Quote Share this post Link to post Share on other sites
