# Am I being too picky?



## Sue Bruce (Oct 20, 2008)

I was recently asked by a large fundraising group in my town to shoot a fundraiser trivia bee.  (An evening public event with kids & adults.)  They then informed me that they had no money, and that I would need to volunteer my time.  I don't mind donating my time because it's in my town and benefits the schools that my kids go to.  Infact, I had even donated a small package to one of their events early next year.

However, as a pro. photographer, I wanted at least some formal agreement so that I would get credit for my photographs, so I asked them to sign a basic usage agreement - similar to what I use for commercial work I do.

The usage agreement reads:
"Photographs taken at the (event) by Sue Bruce, also known as Sue Bruce Photography (here after known as the Photographer) are provided without charge to the "Foundation" (here after known as the Foundation) for unlimited and indefinite use in the promotion of the "Foundation" including, but not limited to, advertising, editorial, brochures, display photos and other promotional merchandise.  In return, the "Foundation" agrees to credit any and all photographs used with the following phrase Photographs taken by Sue Bruce Photography.

This right to use is personal to the "Foundation", and may not be transferred to another party. 

These photographs are provided by the Photographer on an as is basis, without warranty of any kind.  Copyright and ownership will be retained by the Photographer.

The Photographer is not responsible for the "Foundations" use or misuse of photographs. "

So... the "Foundation" is having trouble signing this agreement, citing that in past years, they have simply asked a Board member who likes taking photographs to do the pictures and they have never had to sign anything and the files are simply copied and handed over for all to use.  

My attitude has been that even though I have donated my time, I am a business and am still going to follow my usual procedures and would like a formal 'usage' agreement signed.  Am I being too sensitive?  

Does anyone have a perspective on photo releases ... I have presumed there will be none because it's a public event and each 'team' expects to pose for their photo anyway!

Sue


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## Ls3D (Oct 20, 2008)

I think your agreement is reasonable and does not have a threatening note in it.  It actually serves to protect you *both *from potential litigation and anyone with practical legal knowledge would sign it after the first read.

However,...   sometimes we are served by letting go of a position, and only you can decide which path will give you more peace.  Use your mind to ask your heart which is the best decision for all people involved and you will get an immediate answer.

Guru Sheananda :mrgreen:


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## icassell (Oct 20, 2008)

I am no pro, but I think you are right-on with this agreement.  Just because you are donating your time, you shouldn't need to forfeit your rights.


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## Peanuts (Oct 20, 2008)

Looks good to me.  If they don't sign I would just politely decline then


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## Phranquey (Oct 20, 2008)

I am a huge proponent of getting anything & everything in writing. Your terms are beyond fair. Getting credit for your work, retaining rights for use, and licensing the "foundation's" use is very reasonable for donating your time. This also covers your butt should you want to use them for self promotion, nobody can come back and sue you for using "their" pictures.

I would have to agree with Peanut. If they don't like it, politely decline.


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## craig (Oct 20, 2008)

Donating your time is sketchy to say the least. Having them sign is perfectly acceptable. If they have a problem with it then withdraw your services. 

Love & Bass


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## Sue Bruce (Oct 21, 2008)

Thank you everybody.  The event is on November 6th.  I will give them a few more days, then touch base again.  I am ready to politely decline if I encounter resistance this close to the event.  

Sue


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## rub (Oct 21, 2008)

Good call Sue - I think that what you have in the agreement is more than reasonable. Please keep us posted as to what they decide!


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## skieur (Oct 21, 2008)

Your agreement is just plain good business and professional.  I also find that the problem with donating your services is that too often the recepient organization is not as appreciative as one would expect and wants to be very controlling.

skieur


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## dEARlEADER (Oct 21, 2008)

crazy...

they are not even giving up anything except their right to thieve....


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## mdsoares (Oct 21, 2008)

I think your agreement is right on.

I would calmly explain to the foundation that all the agreement does is give them the right to use the photos and protect your right as owner of them.

If they persist in saying that in the past they never did this, or they just had a board member take photos, politely remind them that you are a professional photography company, and are offering your services free of charge.

If they still persist, then I would politely decline.  If you were just some person with a camera I would fully understand just winging it.  However you are a professional with your own company.  You need to look out for your rights and your company first and foremost.

I do photography for the University at Buffalo's Student Organization at sporting events.  I do it for free to build my portfolio and as a way to support my school.  However I made sure I had an agreement is writing protecting my rights.


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## PhilGarber (Oct 21, 2008)

icassell said:


> I am no pro, but I think you are right-on with this agreement.  Just because you are donating your time, you shouldn't need to forfeit your rights.



Yeah, ask them why the contract makes them feel uncomfortable.. seems kinda unprofessional on there part:er:.


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## PhilGarber (Oct 21, 2008)

^^^
Show 'em this thread! ,jk


Welcome to the forum, btw


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## cherry30 (Oct 22, 2008)

I think what you did is right. Maybe you explain your side to them personally so you would not be misunderstood. And if you really want to do it and they won't sign, maybe you could just put watermarks on the pictures before you give it to them.


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## Sue Bruce (Oct 22, 2008)

I am pleased to report that at the planning meeting today (which I did not attend) they agreed to my 'usage agreement' and signed it.  I should get it tomorrow or Friday!  

Now I can spend my time worrying about how best to photograph 40 teams of people in artificial light!!!   I'm planning on using my Gary Fong difuser, a 50mm fixed lens (which is a good portrait lens), a tripod and a LOT of patience (not to mention photoshop!!)

Thank you again ... my confidence was boosted by everyone's replies!

Sue


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## dEARlEADER (Oct 22, 2008)

Sue Bruce said:


> I am pleased to report that at the planning meeting today (which I did not attend) they agreed to my 'usage agreement' and signed it.  I should get it tomorrow or Friday!
> 
> Now I can spend my time worrying about how best to photograph 40 teams of people in artificial light!!!   I'm planning on using my Gary Fong difuser, a 50mm fixed lens (which is a good portrait lens), a tripod and a LOT of patience (not to mention photoshop!!)
> 
> ...



congrats!..... you drive a hard bargain.... they caved in to your terms and now you're working for free.... hahahha.... suckers...errr...wait... hmmmmm....:roll::roll:


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## manaheim (Oct 22, 2008)

Looks more than reasonable, IMO. All you're asking for is credit for your work. I think it's the least they can do, and if they are not comfortable with it they can certainly go grab their board members. <shrug>

EDIT: I didn't read your last post.   Glad they signed.


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## PictureThis (Oct 26, 2008)

Congrats on getting them to sign your agreement. If they were refusing to sign that would have been kinda stupid on their part. I hope all goes well and you are both happy with the end result.


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## Ls3D (Oct 26, 2008)

> (not to mention photoshop!!)


 RAW to PhotoShop in particular,.. those extra 'bits' really help IME.

Nice to hear they did the right thing.  Sounds like you can shift your thoughts to purely executing the project now. 

-S


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