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By: ted adnan

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Monday, 19-Jun-2006 02:36 Email | Share | | Bookmark
Copyright Agreement

Akmar, yesterday...
Covered an engagement ceremony yesterday. Simple yet meaningful to all.

May I present Akmar, . Bigger pic here.

An article to share lifted from PhotoMalaysia.com posting with permission from original poster Azrul K Abdullah.

Draft Copyright Agreement
I think this topic has come up in the past about copyrights. Lately we've decided to put our copyright terms and conditions in writing to be included with all our invoices and quotations to clearly establish the rights of the author (the photographer). PM members who are professionals and/or individuals who choose to sell their images may want to adapt this for their use. It's still important to note that your images are bread and butter! They make money, not the camera. The general aim of this agreement is to protect your rights as a photographer and to ensure clients do not misuse your images and whatever monies that are rightly due to you are paid.

In the draft, YOURNAME can also be replaced with your company name if you have one.

DISCLAIMER: please consult your legal counsel if you have an doubts resulting from the use of this draft agreement. i won't be held responsible for any loss of income/implications arising from its use.

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DRAFT Copyright Agreement:

All image captured, generated and re-touched including supporting thumbnails, comps, proofs, contact sheets and Polaroids™ are copyright of YOURNAME (the author). All rights pertaining to their use are outlined below. Both this Copyright Agreement and the attached invoice/quotation must be signed by the Client (defined below) before photography may commence.

The client agrees to be bound by these terms and conditions:

a) Affect the correct attribution should the images be used for publication. The attribution can be made as at the beginning or end of an article or below the image being utilised. It can take the following forms: i) YOURNAME or ii) © YOURNAME or iii) Photography: YOURNAME or any format that clearly identifies the image as being property and/or photographed by YOURNAME. Attribution is a requirement for all images that are published or publically displayed/broadcasted either directly by the client or by the client's agents/publishers.

b) The client has the right to (publicly) use the images for a SINGLE use which is agreed upon before any photography commences, as per the quotation/invoice attached with this Copyright Agreement.

c) The client must inform YOURNAME should they choose to use the images beyond the scope of this Copyright Agreement including. press releases, and advertising (including print ads, point of sale material, billboards, TVC, pamphelets and any other marketing/advertising collaterals). A separate agreement will be required between YOURNAME and the client/publisher before these images may be used, unless otherwise noted below in this agreement.

d) The client is NOT permitted to re-sell, distribute or reproduce the images (wholly or individually) beyond the scope of this Copyright Agreement, without prior written consent of YOURNAME.

e) The client may make copies of the images for backups (local or remote) for the purpose of retrieval should any damage/failure occur at the client's premises.

f) The client may make copies of the images/prints to use internally within the confines of their registered business premises for the purpose of comparison/records/educational use etc. These copies are not to be distributed to the general public and/or released for general publication. They are for internal use/reference only.

g) Where permission has been granted for limited publication, the publication of these images has to be affected within 30 days and for a SINGLE use in a SINGLE publication. Permission must be sought separately for each publication and will also be subject to a 30 day grace period for publication.

h) YOURNAME reserves the right to use the work photographed for internal use and/or for portfolio. YOURNAME will provide attribution to the client who commissioned the work and the name of the client may also be used as a reference to the portfolio (print or web).

i) Any usage of the images beyond the terms and conditions of this Copyright Agreement will be deemed as a breach of copyright. YOURNAME reserves the right to claim royalties/ penalties/ damages either agreed upon by both parties (author and client) or by legal process.

j) If any questions or doubts arise about how an image may be used/published, the client may at any time consult YOURNAME to either seek consultation or permission before images are released for use.

k) YOURNAME reserves the right to inform both the Client and the Publication of any copyright infringement/misuse of images. This includes the right to communicate to both parties that an infringement has been made and to restrict further publication of the image until the matter is resolved by agreement of both parties or by operation of legal process.

Copyright Protection and 'Right of the Author' :

The images captured/created/generated by YOURNAME (the author) including re-touched images prepared by YOURNAME or its agents, are protected by the Copyright Act 1987 (Malaysia) and under the Berne Convention. All rights and exceptions will be covered under these governing laws.
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'Specifications of the work' Copyrighted under this Agreement:

1. Client (defined as the user of these images):

2. Job/ Quotation/ Invoice Number:

3. Defined Usage for purpose of this job:

4. General Description of the work:

5. Usage: Single Use/ Multiple use or Insertions/ Internal Use only: no publication.

6. Insertion period (where specified as a multiple insertion):

7. Media where images will used : Electronic Files + Prints (internal use only)/ Web publication/ Editorial/ Book/ Pamphlet/ Print Ad/ Billboard/ Public Point of Sale Display/ others (please specify)

8. Usage: Internal only (no publication)/ Localised / National/ International

9. Deliverables to the client: CD/ Prints/ Transparencies/ Negatives/ Contact Sheets/ low res comps/ others (please specify)

10. Agreed sum for this undertaking (all fees relating to photography/materials and any additional reproduction rights agreed upon): RM........

Transfer of Rights:
The TRANSFER of 'Exclusive Rights' to the client/publication can only be affected with a separate contract in writing to be agreed upon by both parties and with subsequent transfer of rights to be affected upon agreement and payment of agreed fees. This Copyright Agreement is NOT a transfer of Exclusive Rights, but grants the client the right to reproduce the image based on the 'Specifications of the Work' as defined.

Authorised Signatures:




---------------------------------------------
YOURNAME
Date:




--------------------------------------------
The Client (Name and Address)
Date:
__________________
aZ


Sunday, 18-Jun-2006 16:01 Email | Share | | Bookmark
The Bridge...

Seri Wawasan Bridge, yesterday...
Went with a few PhotoMalaysia.com member to Putrajaya for a nightshoot today.

After I shot this pic, , we have a nice lil chat with Bazuki. At least one member of the party today is enraptured with Mr Bazuki anecdotes. Here's a man who dont care about gears but aims for perfection in his work.

Bigger pic of the bridge here @ http://www.tedadnanphotography.com/tedgallery/landview.php?no=49

TED ADNAN
+60 (12) - 231 5654
website: http://www.tedadnanphotography.com
e-mail: sales at tedadnanphotography dot com
alternate email: tedadnan at gmail dot com
yahoo id: tedadnan
msn messenger: tedadnan@hotmail.com





Saturday, 17-Jun-2006 12:00 Email | Share | | Bookmark
Ras Adiba Radzi

A press conference, yesterday...
Funny how one celeb status when one is rendered invalid the local media took no notice?


Friday, 16-Jun-2006 03:05 Email | Share | | Bookmark
Tun Mahathir

Tun Mahathir, yesterday...
Was assigned by International Committe of the Red Cross (ICRC) Malaysia to cover a seminar on Human Security.

I shot this image using 2 SB 800 employing Nikon CLS. One SB-800 on camera and another SB-800 on a light stand about 15 meters away raised about 10 feet from the floor.

If the SB-800 on th elight stand were not raised the rostrum will cast a shadow on Tun Mahathir face.
You're going to learn all this, and more, in my 24th and 25th June workshop.

More pics in my picture gallery at http://www.tedadnanphotography.com

TED ADNAN
+60 (12) - 231 5654
website: http://www.tedadnanphotography.com
e-mail: sales at tedadnanphotography dot com
alternate email: tedadnan at gmail dot com
yahoo id: tedadnan
msn messenger: tedadnan@hotmail.com



BTW, I am running 2 workshops on portable flash technique. Theres some slot still available for the Beginner one (24th June, Sat) but regret to informed that The CLS Workshop registration has been CLOSED (25th June, Sun).

I gonna run it again on 29/30th July, 2006.
Watch this space....



Monday, 12-Jun-2006 11:38 Email | Share | | Bookmark
2 weddings and a....

The Bride, yesterday....
Did 2 (two) wedding coverage last weekend! One in Shah Alam and the other one in Bangi. And in between those two weddings still managed to see a Client and discussing about a shoot tentatively scheduled this week.

I am sooo tired after covering the 2 weddings...


More pics in my picture gallery at http://www.tedadnanphotography.com

TED ADNAN
+60 (12) - 231 5654
website: http://www.tedadnanphotography.com
e-mail: sales at tedadnanphotography dot com
alternate email: tedadnan at gmail dot com
yahoo id: tedadnan
msn messenger: tedadnan@hotmail.com



BTW, I am running 2 workshops on portable flash technique. Theres some slot still available for the Beginner one (24th June, Sat) but regret to informed that The CLS Workshop registration has been CLOSED (25th June, Sun).

I gonna run it again on 29/30th July, 2006.
Watch this space....

Before you come-a-knocking on my doors to ask me to cover your wedding, do have a read of the Wedding FAQ (of sorts) here)


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