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Getting it Right: Correcting Skin Tones with Hue/Saturation
Wednesday June 9, 2004
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Jon Canfield shows us how to achieve accurate skin tones in Photoshop using Hue and Sat.

Book Review: Color Confidence by Tim Grey
Monday May 24, 2004
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IR Staff reviews Tim Grey's new book Color Confidence. Included is an excerpt from the book, Chapter 3, which deals with choosing and calibrating Displays.

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Monday May 10, 2004
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Ellen Anon illustrates the creation of Panoramas in Photoshop.

Working with Pressure Sensitive Tablets
Monday May 3, 2004
by Katrin Eismann

Katrin Eismann outlines the use of pressure sensitive tablets in image processing.

Book Review: Mastering Digital Photography and Imaging(Updated)
Monday April 26, 2004
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IR Staff reviews Peter K. Burian's latest book, "Mastering Digital Photography and Imaging."

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Business Issues > Burning Issues and Expert Opinions > Ownership and copyright, work for hire?

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AuthorSubject: Ownership and copyright, work for hire?   [Go to Bottom of Page]
Frank Hoppen
Posted on Fri Jun 4, 2004 12:30 PM

For the last 6 years I shoot the posters from the Raceteam for a Motorcycle Company in CA.
Initialy it started that I billed them for a dayrate of creative fee ($ 1500) plus expenses and film/developing.
They printed their posters for the whole year and supplied also their different Sponsors with some images for their usage.
I was okay with it, as long those sponsor's were small and did not overly used the images.
One big sponsor did a world wide ad campaign in enthousiast magazines, though.
The motorcycle company stepped in and told the big sponsor that he can not do that again in the future without contacting me and pay for the usage.

Since I work very well and tight with this corporation it is a kind of give and take situation. Sometime you loose and sometimes you win.

I know that the whole deal is not water tight and does not have the tough and hard as nails basis we usually should do contracts.
But Motocross is a small industry and and many things are done oldschool and by word / handshake.
I was fine with it and so was the industry

Anyhow, this year I shot only 7 of theri 9 rider team, due to scheduling issues.
The remaining shots of the other 2 riders were done by a local photographer on the east coast. He never worked before in the industry, (and probably won't)
The motorcycle company supplied some shots to a clothing sponsor of them and those ran an ad in a magazine with that image.

The eastcoast photographer sued the motocycle company for the additional usage.

Now the legal department of the motorcycle company want to have photographers sign a contract, that they own the image we shoot for them. A full buy out.

This makes me uncomfortable, because I made some revenue with licensing rights of those to other clients of mine.

I also think that it will be adifferent legal situation if they hire us on that basis. Does that make us a employee for the time of shooting with access to the benefits, retirement plans and so on?

Last not least, liecensing all rights to them and giving up all our rights will open the question of how to bill?
Billing for all those rights will blow out the fee to the sky, making up all the possible rights (bill boards, tv ad, web....) and for sure will not be possible to do.

Especially with many other photograhers trying to get their feet into the door and bill for almost nothing.....

So, what can I do?
Any suggestions what I can do to help their lawyers to get the right angle on this?


... this thread contains expert advice from Seth Resnick.




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