Legal Question in Intellectual Property in California

lisencing?

I am a portrait photog. and I usually sell prints. I did a session for a man who is slightly famous and a comp. he works with wants to buy one of my images. THey requested buy out. what kind of form do I need?


Asked on 8/23/07, 1:49 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: lisencing?

The term "buy-out" can mean different things.

If you're going to be transferring the copyright to this company, you'll need an "assignment of copyright".

If, however, you're merely granting this company the nonexclusive right to use this photo in any media, at any time, your license agreement should merely say so. No particular form is required.

This isn't complicated stuff, so a lawyer's fees shouldn't amount to much. If the deal makes financial sense, you should be able to afford to pay for some legal help.

Read more
Answered on 8/23/07, 1:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: lisencing?

There are legal self-help books, usually in paperback, aimed at giving basic legal advice to authors and artists on matters such as copyright, licensing, arrangements with publishers, contracting to do works on commission, and the like. I do not have a specific one in mind, but if the book is written by a lawyer and addresses the subjects from the standpoint of California law (where applicable - a lot of the law is Federal), I would say obtaining one or two of these and reading up is a good starting point.

Some of the books also contain blank forms. Use them with caution, making sure the form you select is entirely applicable and appropriate for your specific need.

Just as you don't need to run to the doctor with every ailment, you don't need a lawyer for common, low-stakes business situations. However, if you have occasion to do large-dollar deals, or work with a client who is represented by a lawyer, or a situation starts to get messy, it's time to get your own attorney.

Read more
Answered on 8/23/07, 3:41 pm


Related Questions & Answers

More Intellectual Property questions and answers in California