URGENT: Need advice on Rights to a Photograph taken from a commercial establishment

[l2oBiN]

I don't understand. You want to take a photograph from a hotel balcony and sell the image(s)? Will any of the images have any visible part of the hotel on the images? I ask this because if not, then what's the difference of anyone taking a photograph from a hotel balcony when paying for the room? Why not just get the room you want for the night and take all photographs you want?

Granted I'm likely missing something, but taking a photograph from a hotel balcony doesn't seem to be an issue except if you don't want to pay for the room. If that's the case, then the hotel all the rights to determine your work in the hotel and use of the image, but why not just get the room and take the photographs?

I was going to suggest much the same as Scott... Unless we are missing something, without knowing the subject of the photograph it is difficult to tell. Will any of the hotel's property be in view?


Steve.

I agree. The hotel will not be in the view of the photo so this should not be a problem. Thank you for clarifying this =) I never though this was going to be so much hassle. I though a security guard could just take me up there and wait for me to take the photo...finito...

I have actually thought about staying for the night but its going to be $$$$ expensive $$$$

[l2oBiN]

I think this is a great exercise + training for future encounters. I have attempted to write a notice/intent/copyright release form. I would really like to get some feedback on it. here it is:





Event Notice, Intention of Usage and Copyright Release


Event Details

Starting date and time:
Ending date and time:
Location:
Company:
Company representative:
Intention:

Intention of use

I (photographer) intend to use the photographs captured during the event stated above for personal, promotional or commercial use in/through all forms of media. This includes but is not limited to display and/or sale on/through websites, galleries, magazines, books, newsletters, business cards, pamphlets, flyers, billboards emails and commercial establishments.

Copyright release

I (photographer) give permission to (user/company/company representative) to use the photograph/s captured during the event stated above for promotional purposes only in the form of electronic display on the (company) website (http://www.???.com/) and internet social media directly associated with (company). This copyright release is limited to a period of ten (10) years from the start date of the above event. In all cases of use, the displayed image/s must also include/display the following "© (photographer’s name, website)". (photographer) retains the right to discontinue the copyright release at any time without prior notice.


(photographer’s name)
---------------------------------------
Name (IN PRINT)

(photographer’s signature)
---------------------------------------
Signature

(date)
---------------------------------------
Date


I (company representative) confirm and approve participation and activities of (photographer’s name) in the event stated above. I am in full understanding and agreement with the information stated in the “Event details”, “Intention of use” and “Copyright release” statements described above.


(company representative’s name)
---------------------------------------
Name (IN PRINT)

(company representative’s signature)
---------------------------------------
Signature

(date)
---------------------------------------
Date

[Henry Ambrose]

Not close, but good to see you've put some thought into it.

[Frank Petronio]

I've had hotels let me in for look see to find which room had the best view, then made some sort of deal consisting of either a very generous tip or a partial payment (not an entire night's rate) to use the room for 15-20 minutes with a bellman present. Obviously if you will be there for several hours when the room could be rented, you should expect to pay a full rate but if you can shoot between Noon and 3pm on a weekday then you'd probably be fine.

[l2oBiN]

Not close...

Could you please elaborate? Is the form inappropriate? What should I add/change?

[RichardSperry]

Could you please elaborate? Is the form inappropriate? What should I add/change?

I am not a lawyer of course, but I am pretty sure you don't want to release or transfer copyright.

Even if the hotel pays you to photograph for them, you should still retain copyright. You're probably looking at some form of limited use license, permit, or contract.

If you transfer copyright, they own the photograph and what can be done with it, theoretically even suing you for using it.

Anyway, simple solution to me seems to be just rent the room. If you can't make back the room fee from selling or using the photo it also seems to me to be a tempest in a Dixie cup. That is to say that it would not appear to be worth all the hassle(or contemplation).

[Henry Ambrose]

Pay for the room and make your picture - there is no reason to give away anything to get it.
You're making way too much fuss about this - and legal advice given over the internet is not worth much, if anything. It may, in fact, have negative value for you if its wrong.

[Noah A]

You should at least have them forward you their 'standard form' before you proceed. I'd always expect to sign a waiver saying I can't sue if I fall off the balcony. But I'd never sign anything that amounts to a rights grab.

I'd offer them a nice print for their lobby. Or if you're generous, you could let them use the photo on their website for a set period of time. I don't know how much the photo is worth to you, but be aware of what you're giving away if you choose to allow them a free license to your photo, and make sure that it's not worth more than the photo is worth to you.

I avoid this kind of situation unless it's absolutely necessary.

You should definitely contact a lawyer or professional organization in your area for exact wording for this kind of contract. But in general you want to grant them a non-exclusive license to use the photo in certain media and for a certain amount of time. You never want to transfer your copyright, not even temporarily.

[Steve Smith]

I'd always expect to sign a waiver saying I can't sue if I fall off the balcony.

The hotel has a duty of care for whatever reason you might be there. Fall off and sue!

You never want to transfer your copyright, not even temporarily.

For the right price, I would sell the copyright to any of my images.


Steve.

[Noah A]

The hotel has a duty of care for whatever reason you might be there. Fall off and sue!

Of course you can still sue. But that doesn't mean they won't try to get you to sign a wavier. I sign them all the time, though I doubt they'd hold up if I were injured, especially if it were due to their negligence.

For the right price, I would sell the copyright to any of my images.
...

I suppose everyone has a price. But there's no way I'd give up a copyright merely in return for access. And in general, totally giving up your copyright is bad business practice. But again, I'm speaking in generalities.