Rachel Brenke – Copyrights
We have talked about Copyrights before on the show, but this time we have an expert. Rachel Brenke, aka “The Lawtog”, makes her SIXTH appearance on jpeg2RAW. Rachel discusses Copyrights basics and reviews my handling of a recent copyright issue.
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Rachel Brenke
(from Rachel’s website – go here for more info.
BIO
Rachel Brenke is a lawyer, photographer and business consultant for photographers. She is currently helping creative industry professionals all over the world initiate, strategize and implement strategic business and marketing plans through various mediums of consulting resources and legal direction. She has been featured on CreativeLIVE and at national conferences such as WPPI and Seniors Ignite.
See more: http://www.thelawtog.com/meet-rachel-the-law-tog/
Disclaimer: I am a lawyer but I’m not your lawyer! View my entire disclaimer here
Show Notes:
Intro Questions:
What have you been up to since our last show on #89 on August 27, 2013 not long after my return. I wasn’t wearing the headband, but my hair had not grown back.
Sixth show for Rachel
Photography / attorney for photographers
How much shooting do you get to do these days?
Still have time to shoot. Gravitating toward Commercial / Studio work.
For those that don’t know, Rachel runs “The Lawtog” website. What do you hope to achieve with this website?
Site has exploded over the past couple of years…hired additional photographers. Site has plenty of free elements which provides resources for the photographer.
All levels of photographers have use of the site.
Working on finding lawyers across America to work with The Lawtog by local venues
How are your documents given on your website?
Documents are Word and can be saved and edited to fit the person that needs the contract.
What do you see as the most common mistakes you see photographers make from a legal perspective?
People give away copyright release
Copyright / ownership of the image is setup at creation of the image. You can License / print release for the client to print.
Mistakenly believe they don’t have copyright…you don’t have to register the photo but to collect damages you need to register the photo
Digital signatures – App based contracts vs paper?
ESIGN Act of 2000 allows for electronic signatures
Interview
Recoveries – How do you calculate Actual Damages?
Case specific…sales versus advertizing
Do you have an established rate for a track record
Can I photograph and have to worry about obtaining a release?
No…if you are in a public area you have the right to take the photograph and not need a release
How do I register my images?
How are the damages different with a registered image vs one that is not registered?
When do I have to register the image?
