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I’m not certain my experience is relevant in this context, but I’ve been fighting contract language for over 30 years. I’m a pro photographer and producer in th
by LiquidPolymer 4y ago
I’m not certain my experience is relevant in this context, but I’ve been fighting contract language for over 30 years. I’m a pro photographer and producer in the biz for many years. I produce unique content that is quite challenging to recreate.
So many contracts contain what I call “rights grabs”. They are attempting to transfer my IP to them for maximum profit. I’ve fought this trend with success for decades.
I simply cross out the offending language in the contract and make the license contingent on the agreement proceeding as I describe. I’m happy to abandon a contract if it does not go my way (a luxury not everyone has).
My largest checks in the past two years have been from lawsuits brought against copyright infringement. In every case my contract revisions have withstood legal challenge and the defenders/offenders have folded when they proceeded as if the original contract language (before I altered, after they signed) stood.
There are lawyers who have pursued this niche to great success and I have lawyer team ready to pursue infringement on a contingency basis. It is quite amazing.
More than once now, my lawyers have fought for years when the infringers had deep pockets and a terror of precedent. They paid so many thousands to their legal team but lost. I have prevailed in every case.
I recognize this is bragging. But so many of my colleagues have just signed for a short term check while losing in the long run. I might be an obstinate fool, but so far it’s paid off.
We in the photo biz have had to survive a huge paradigm shift in the biz model in the last 18 years. But so many people fold for Pennie’s. “I need this $250 right now to make rent”. But my settlement checks are in the $25,000 range typically (25% after my lawyers and agent get their cut).
Last I looked, the average income for a photographer in the U.S, was around $7500 a year. Yes, $7500 (no missing zeros). I make six figures consistently and I’m damn proud of this fact.
Most of the conversations on this forum are above my skill set, but you folks are generally paid for deep knowledge and rare skills. Don’t let anyone steal this from you.
- daniel-cussen 4y agoOh yeah. You know what? I am not big into copyright so much as patents (turned my back on a model/actor career, also big into copyright with one specific algorithm though, where it made perfect sense) and Intellectual Property. Hey can you leave your email in your profile and I'll write you? Super interested in the hard-lawyering-up angle for Intellectual Property. I guess what you're saying about a big cut for lawyers and agents. I think my agent cost 25% too.
- gsinclair 4y agoAnd that’s why I love HN. Thanks for the interesting insight.
- solarkraft 4y ago> Most of the conversations on this forum are above my skill set Just a different type. Interesting insight.
- mellavora 4y ago> I recognize this is bragging Funny, I don't. Seems to me you are inspiring others by sharing your track record and the care and struggles you took to pull it off. And you present it with respect for the skills and experiences of others.
- xunn0026 4y agoI'm sure you are right about what you said, but the whole tone and field of photography reminded me of a photograph we hired. He imagined himself as such a great artist that although doing work for hire was afraid we might use our personal family photos without giving him credit. In the end... he sent another team to do our photographs and wouldn't even give the ~20 "edited" photographs except as a flash EXE. I'm a programmer and I know what copyright is but that photographer was deluded.