andyhunt
Crew
Posts: 1226
Joined: Sat Jan 06, 2001 10:50 pm

Copyright........can People Make Postcards?

Tue Mar 06, 2001 8:37 am

Hopefully we have a Aviation Photographer / Lawyer!

I am just wodnering whether anyone knows, if I sell a slide to a slide agency (e.g. Exavia, Avimage, F-Stop) are they then allowed to make a postcard (1000's of copies) out of it without my permission and sell this for profit.

In other words, once I sold the slide, did I sell away all rights to it or is there some recourse I can take?

As you can probably guess, this has happened.

Anybody know???

Thanks in advance

Andrew
Full frame always beats post processing
 
skyliner
Posts: 203
Joined: Tue Jan 23, 2001 4:07 am

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 11:29 am

In a word, no, on both counts. If this is primarily a hobby organization, suggest that you request that they send you a quantity for your use (no charge to you, of course), and agree not to use your photos in the future without your permission. If it is a business/commercial entity, you could consider billing them for the usage--$100-200 would not be inappropriate--and if this is not to their liking they should consider negotiating in advance the next time.
George
 
brownphoto
Posts: 149
Joined: Mon Jan 22, 2001 3:46 pm

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 11:32 am

The answer to this question lies in what agreement you set when you sold the photo.

Was there a contract? Was anything agreed upon verbally?

Please provide a little more info.

Joe Brown
 
mikephotos
Posts: 2887
Joined: Wed Nov 01, 2000 12:52 am

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 1:57 pm

No! When selling slides to slide lists, you do not sell the copyright. The lists I deal with would never consider doing this without permission from me. Of course, this doesn't stop them (or someone buying the slide) from doing it but I've never had a problem.

Michael
 
hkgspotter1
Posts: 5750
Joined: Fri Nov 04, 2005 12:43 pm

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 2:58 pm

Andy,

I remember when you just took photos for fun !!!

Love your photos from Zurich.

 
Tommy Mogren
Posts: 896
Joined: Wed Dec 20, 2000 9:30 pm

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 4:49 pm

Hi Andy,

No, when you're selling your slides to a slide service, they have NO right to produce postcards, without your agreement.

You hold the copyright of the slide!

/Tommy Mogren
Viking Slides - http://www.vikingslides.com
Flightdeck Action - Cockpit Videos on Blu-ray and DVD - Flights In The Cockpit- You're Invited!
 
andyhunt
Crew
Posts: 1226
Joined: Sat Jan 06, 2001 10:50 pm

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 7:54 pm

Well I guess this is not the 1st time that Exavia have done this. I found an African Star B747-300 postcard advertised on Ebay which was mine.

I have also found slides of mine published in a book with the credit "Exavia".

Guess I'll have to pursue this with Mr. Hornlimann of Exavia. Good thing I stopped shooting with them a few years ago otherwise who knows what would have happened to my shots.

Andrew
Full frame always beats post processing
 
aviasian
Posts: 1244
Joined: Mon Jan 08, 2001 8:11 am

RE: Copyright........can People Make Postcards?

Tue Mar 06, 2001 8:15 pm

Hkgspotter1 : What has Andrew's concern got to do with shooting for fun?

Stumbling upon your own photographic works in the form of postcards and publications without proper credits and dues certainly is troubling to say the least.

Any attempts to understand the legality of the issues at stake here, and the recourse opened to the photographer does not in any way mean that the photographer has lost the element of fun.

Andrew is seeking educated advice from learned photographers . . . not flippant digs. Other photographers (myself included) are keen to read and learn from the wisdom of other photographers . . . if you don't mind.
 
CX Flyboy
Posts: 6028
Joined: Sun Dec 26, 1999 6:10 pm

RE: Copyright........can People Make Postcards?

Wed Mar 07, 2001 11:54 pm

Aviasian,

I think you misunderstand HKGSpotter1. He meant that when we used to know Andy, he was not that interested in photography for money, but interested in spotting only. We used to sit in HKG just watching.

Andy, did you manage to sell all those Cambodian 727 slides?
 
andyhunt
Crew
Posts: 1226
Joined: Sat Jan 06, 2001 10:50 pm

RE: Copyright........can People Make Postcards?

Thu Mar 08, 2001 7:48 am

Colin / Daryl,

I'm not really interested in photography for money. I did it for a while, but I found that it was compromising my hobby, so I stopped selling to agencies like Exavia.

This discussion is more to do with copyright than money.

Cambodian B727 slides? I've still got a bunch of them locked away.

Andrew
Full frame always beats post processing
 
hkgspotter1
Posts: 5750
Joined: Fri Nov 04, 2005 12:43 pm

RE: Copyright........can People Make Postcards?

Sat Mar 10, 2001 12:59 am

You still have them !!, with something like that Andy I tell you up , up and up the price !!. That was one very hard to see plane.

I still remember those days. Sitting along the roadside taking pics in those holes in the fence. Coming back to the airport covered in crap !!!

The good old days !!
 
flame
Posts: 19
Joined: Tue Feb 27, 2001 6:27 am

RE: Copyright........can People Make Postcards?

Sat Mar 17, 2001 10:41 am

Andy;

I know its not much compensation...but, I for one appreciate knowing the name of the people that did this to you, I will be wary of them in the future and will not send any material to them
 
hkgspotter1
Posts: 5750
Joined: Fri Nov 04, 2005 12:43 pm

RE: Copyright........can People Make Postcards?

Sat Mar 17, 2001 1:10 pm

Thats the best thing to do.

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