AGREEMENTS

We do not make any verbal agreements. All of our agreements are written. All written agreements must be signed and countersigned in person by the Photographer and the Customer.  

 

WORK FOR HIRE ASSIGNMENTS

We will never accept a Work For Hire Assignment.

United States Copyright Law expressly states that all Work for Hire Agreements be made in writing.

A work created by a Photographer can automatically be deemed a Work Made for Hire only if 2 conditions are met: (a) there is a written agreement between parties specifying that the work is a work made for hire AND (b) it falls within 1 of the 9 categories of works [a work specially ordered or commissioned for use: as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas]. 

 

COPYRIGHT POLICY

United States Copyright Law expressly states that all Copyright Transfer Agreements be made in writing.

By default, Untied States Copyright Law automatically assigns a Photo's Copyright to to the Photographer. As a result, we have the right to sell the Digital Negatives, retain the Digital Negatives or delete the Digital Negatives. 

A Customer can purchase a Photo's Copyright (and the corresponding Digital Negative) for a fee determined by the Photographer. We will only accept payment via Check for Copyright Sales. The funds must be drawn from a bank branch that is physically located within 5 miles of our physical address.

 

LIMITED LICENSE

We grant customers a Limited License in perpetuity to utilize their photos. Nonetheless, we still retain the Photo's Copyright in perpetuity.

Customers cannot sub-license images, resell images or rent images. Customers cannot include images in any online or offline archive or database.

 

CANCELLATION POLICY

Customers must cancel their Headshot Appointments in writing 72 hours before their Scheduled Reservation Appointment. Should Headshot Customers attend the Headshot Photo Session: We will not make any verbal agreements. All agreements will be written. All written agreements must be signed and countersigned in person by the Photographer and the Customer.

 

LEGAL AUTHORITIES

1) Works Made For Hire: https://copyright.gov/circs/circ09.pdf

2) Photography and Copyright Law: http://blog.kenkaminesky.com/photography-copyright-and-the-law

3) Copyrights and Works Made for Hire: https://www.americanbar.org/publications/tyl/topics/intellectual-property/copyrights_and_works_made_hire.html

4) Litigation: An email is not enough to transfer copyright: http://www.insidecounsel.com/2012/12/06/litigation-an-email-is-not-enough-to-transfer-copy

5) ‘Humpty Dumpty’ Copyright Assignments: http://epiphany.law/articles/copyright/humpty-dumpty-copyright-assignments

6) Execution of Transfers of Copyright Ownership - 17 U.S. Code § 204: https://www.law.cornell.edu/uscode/text/17/204

7) Copyright Interests: http://www3.ce9.uscourts.gov/jury-instructions/node/268

8) Stanford University Copyright Information: http://fairuse.stanford.edu