eSignature Legality for Photo Licensing Agreement in Australia

How to eSign a document: eSignature legality for Photo Licensing Agreement in Australia

jared polin froknowsphoto.com and this is a pretty important video right here because I got a message from a Stephanie Jenkins on Facebook about an issue she was having with the rights to her images and this is something that many of you will encounter at some point in your photographic photographic photogra graphic photographic career and I want to go over this and it's kind of about know your rights so I want to read what she wrote me because I gave her the answer or I helped her try to figure out the answer through Facebook and I think this is going to help a lot of you guys out I was invited invited by another photographer slash video maker to come and take photographs of some of his models while he took the video footage we had only verbally agreed that I would come to take photographs not be paid no written contract but I could use the pictures I took to promote my photography business after hours of photo shoots editing and getting the pictures to him he then said I was only able to use two pictures from each photo shoot to promote my business at this point I asked him why and he got all upset told me to delete the photographs and that I could not use any of the pictures though this though this long initial explanation the question I have is am I the legal and sole owner of the photographs and can I use them publicly and for my portfolio I also have model releases model release forms from each of the models I photographed so there's a bunch of things in here and I just want you guys to know this when you take a picture you owned the rights to that image you took it you own it unless you have some kind of agreement that says somebody else has the rights to those images so if you go on a photo shoot and you and you come up with a deal with whoever you're photographing where they own the rights to the images and you're paying your work for hire they're basically paying you to shoot the photos and hand them over then they own the rights if that's what you negotiated but if you take the pictures you own the rights no matter what she didn't have a written agreement but they had a verbal understanding that she could use the images he could use the images and then he basically said no you can't use them you have to delete them and if you try to use them I'm going to sue you or make your life a living hell which is pretty much what happened is that he came back and said if you use those I'm going to make sure you never work in this area again and you know that I told her that's a bunch of crap you own the images you have the model releases you can do whatever you would like with those shots because you took them so don't be bullied around by people trying to tell you what you can and can't do if it's not legitimate so the moral of the story is if you take the pictures you own them unless you come up with some kind of other dealing or agreement that says you do not own them or you're giving somebody else the rights or the usage so this also brings up written agreements this is one of those interesting areas and there's verbal agreements but it's good to get things in writing this is what I'm going to deliver you this is what you're going to pay me and here are the usages that you get it's good to have these in emails I don't think you need to go to a lawyer all the time the lawyers are going to tell you that you should go to them all the time but I think that if you just lay out those that information that I just said if you lay that out to everybody and it's understood it's written if you want them to sign it and you sign it then there you have it I am going to shoot the photos you can use them online but I retain the rights so you just have to watch the wording on that a little bit make sure that you you know that you shoot them you own them so Stephanie right now is trying to deal with this guy who's like deal with my lawyer you know what I would just say forget him don't even bother trying to contact him if he tries to use your images you send them a cease and desist letter that you write up hey you can't use these and if you really want to take it further you can but to me it's not worth the time and effort to try to fight some some people out there but really don't be bullied around and I and she won't be bullied around based off of what you've been talking back and forth about so that's about it know your rights you take them you own them jared polin froknowsphoto.com see ya are you subscribed yet on the YouTube channel well click the subscribe button right here also click this box if you want to be emailed every time I upload a new video so you can get the latest video uploads as they happen and also if you haven't signed up for the free users guide sign up right here put your name email address in here hit send it you will get a free ebook sent to your email as well as a link to a 60 minute long video on flash photography in the studio that Adam and I created so please do that and we'll see