For Photographers

Avoid This Toronto Photo Contest

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The city of Toronto, the same city that bans parents from taking pictures of their kids taking part in any activity at a recreational centre or arena, has launched another of its photo rights grabs. By simply entering this contest, you’re giving the city all rights to your pictures for all eternity.

Rule 14 includes:

Entering the contest constitutes an agreement by the contestant to give a royalty-free, world-wide, perpetual, non-exclusive license to the City, and anyone it authorizes, to display, distribute, modify, crop reproduce, and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed including the Internet, for any City purpose including, but not limited to, advertising and promotion.

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Check Your Focus

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A photographer’s frame of mind matters a lot when pricing a photo assignment or negotiating with a potential customer. The photographer could be thinking along the lines of, “If I get this job, I’ll make $4,000,” or they might be thinking, “If I don’t get this job, I’ll make nothing.”

The former train of thought (being “promotion focused”) is about trying to maximize gains. The latter (being “prevention focused”) is about trying to minimize risk and prevent loss.

Neither type of focus is better than the other. We often switch from one to the other depending on the circumstances. But research has shown that when pricing or negotiating, being promotion focused tends to lead to better outcomes.
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Privacy and Model Releases

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A ridiculously long, meandering post but first, the disclaimer:

I’m not a lawyer and one look at my bank account will confirm that. You’d be foolish to take my advice without further thought. Although laws are written in black and white, they are anything but. No matter what the situation, there will always be a lawyer who will argue the opposite. Remember that civil laws can vary from province to province.

The short version of this post: Do you need a model release? Yes, no, maybe.

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Privacy laws and model releases go hand in hand. The federal government and most provinces have privacy laws.
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Bureaucratic Red Tape

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Some large companies have a lot of bureaucracy, a lot of policies, and a minimal amount of common sense. I shot four photo jobs at large companies over the past few weeks:

Emails

An editorial portrait of a telecom executive was needed by a magazine. To set up a date, that executive’s company required every e-mail between us to be cc’d to the following people: photo subject’s executive assistant, executive assistant’s assistant, director of national marketing and communications, communications senior manager, public relations senior manager, legal affairs, social media manager, an outside public relations and marketing agency, building management, and building security.

You can imagine how long the email chain was as everyone had to weigh in on everything.

Forms

Another corporate client had to add me to its vendor list. The company sent four documents for me to complete. One of these documents was five pages long. The completed documents had to be cc’d to three other people at two sister companies in two countries.
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Corporate Art and Copyright

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A recent magazine assignment had me photographing in a Toronto law firm’s office. The reception area, conference rooms and hallways looked more like an art gallery than an office. It’s become common for high-end offices to be decorated with original artwork.

A photographer might be tempted to do an executive portrait in front of a piece of office artwork because it adds a point of interest. But beware of copyright issues.

I actively avoid showing any office artwork, just to be safe.

(I’m not a lawyer so don’t believe anything you read here . . . )
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Artist Resale Rights

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If a Canadian photographer sells a print to someone, that person can resell the print any time they want, for any price. The photographer has no say in the matter and does not get any portion of the proceeds. The Canadian Copyright Act currently does not include the right of resale nor a droit de suite. However these rights can be reserved by contract.

Private Member’s Bill C-516 (Artist’s Resale Right Act), a proposed amendment to the Copyright Act, is still before Parliament. It proposes “a right to a [5%] resale royalty on any sale of the work for five hundred dollars or more that is subsequent to the first transfer of ownership by the author.”

The proposed Act would apply to public resales by art dealers, museums, art auction houses and art galleries, but not to private sales between individuals.

Some countries, art dealers and auction houses already recognize an artist’s resale right.

But sadly, unlike other countries’ laws and the USA’s proposed ART Act, Canada’s Bill C-516 excludes photography.

 

Please check the date of this article because it contains information that may become out of date. Tax regulations, sales tax rules, copyright laws and privacy laws can change from time to time. Always check with proper government sources for up-to-date information.

 

Canadian Photographers and Spam

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Canada’s new anti-spam law comes into effect on July 1, 2014. It may affect many professional photographers.

Two things to remember: (i) the law is brand new and nothing has been tested in court, and (ii) I’m not a lawyer.

Basically, the law states that a business cannot send a commercial electronic message without having the recipient’s prior consent.

What is a commercial electronic message?
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