RE: Re: Some advice requested for a minor

From: Bob Panzer <rpanzer[_at_]vagarights.com>
Date: Fri, 18 Nov 2005 19:45:30 -0500

Current copyright term for individuals is life + 70 years NOT life + 75.

Sincerely,  

Robert Panzer

VAGA (Visual Artists and Galleries Association, Inc.) 350 Fifth Avenue
Suite 2820
New York, NY 10118
Tel: 212 736 6666
Fax: 212 736 6767
rpanzer[_at_]vagarights.com

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of J. Noble Sent: Friday, November 18, 2005 3:15 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Some advice requested for a minor

Federal law gives you a copyright, and it doesn't matter how old you are -- it's good until you've been dead for 75 years. Astrid Kirchjerr is still collecting on the photos she took of the Beatles while they were playing strip-joints in Hamburg. Whether you can license your rights as a minor might be a separate state law issue, but it's not obvious, and it doesn't arise unless you or your legal guardians want to set aside the contract (really folks, do we have to get into federal common law and the preemption issue?).

Unless the friend raised the issue of competency to enter into a contract because he was worried that you would renege, then just leave it alone. Don't worry -- be happy. When you give him the photographs, he probably gets a non-exclusive, revocable license to reproduce and distribute. Without more, i.e. without a written agreement, he almost certainly doesn't get any right to modify the photos or grant anyone else permission to use them, and you retain the right to license anyone else to reproduce and distribute them. If you want to get fancy, write it down and get your friend to sign it: "Marissa grants ____ the revocable, non-exclusive, non-assignable right to reproduce and distribute, without alteration, any photograph that she delivers to him, solely for purposes of advertising and promoting musical acts that he represents, and that Marissa photographs at his request." If he's worried that you might change your mind, or that your parents are going to sweep in and revoke his rights over your objection, then get your father or mother to add "approved" and a signature.

So, just wondering, how much of the music on your iPod is paid for, Marissa?

John Noble

At 6:29 PM -0500 11/17/05, Marissa wrote:
>Hello all,
>
>I am 17 years old and am starting my career as a photographer. A
>friend of mine asked me if I would take some pictures for him to help
>promote some bands. Now obviously I can't enter into a contract, so I
>have two questions.
>
>1) How do I maintain my copyright and integrity of these pictures?
>
>2) What are the downfalls of entering into this as a minor?
>
>Please, all opinions and advice are welcome.
>
>Thanks,
>
>Marissa
>
>www.photographyexposed.com
>
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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Sat Nov 19 2005 - 05:45:30 GMT