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Understanding Copyrights in Photography & Videography

podcast December 31, 1969


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In this insightful clip of EYL, we sit down with the talented photographer and videographer Cam Kirk to delve deep into the intricacies of copyrights in the creative industry. Whether you're a budding photographer, a seasoned creator, or simply curious about how copyright laws impact artistic works, this conversation is for you!

Cam Kirk kicks off the discussion by emphasizing the importance of understanding the term "work for hire." He sheds light on how crucial it is for photographers and videographers to recognize that signing a contract with this term means they relinquish ownership of their work. This essentially allows the employer to use the image or video in any way they see fit, from merchandise to global advertisements, without needing further permission.

He further explains the differences between what's known as "above the line" and "below the line" usage rights. Above the line refers to higher-tier uses like billboards or products, while below the line encompasses social media platforms and other digital realms. Knowing these distinctions can significantly impact how creators approach their contracts and negotiations.

The hosts bring up historical legal battles, such as the infamous case involving Nike and the photographer behind the iconic Jumpman logo featuring Michael Jordan. This long-standing legal tussle highlights the complexities around intellectual property and the long-term implications for both the photographers and the brands that utilize their work.

Cam also touches upon real-life scenarios, discussing how photographers and videographers can navigate their rights when their work is used in high-grossing mediums like album covers or merchandise. He offers a unique perspective by sharing case studies, such as the successful lawsuit against Urban Outfitters for using Tupac's image without proper rights, and the contentious debates between Jay-Z and Jonathan Mannion over the commercial use of Jay-Z's photos.

Moreover, Cam elaborates on the often-overlooked technical aspects, like setting copyright information directly within your camera's settings. This small but powerful step can help solidify an artist's claim over their work and prevent future legal disputes.

Wrapping up, the discussion transitions to the realm of videography and content creation. Rashad Bilal inquires about the ownership of videos, especially in contexts like podcasts or music videos. Cam clarifies that, much like photography, the individual who presses the record button and handles the equipment holds the initial ownership unless explicitly transferred through a written contract.

This episode is a must-watch for anyone in the creative industry looking to protect their work and understand the legal landscape surrounding content creation. Tune in to gain valuable insights from Cam Kirk and learn how to navigate the often murky waters of intellectual property rights.

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Watch this clip and equip yourself with the knowledge to safeguard your creative endeavors. Don't forget to like, share, and subscribe to EYL for more educational content. Leave your thoughts and questions in the comments below!

Disclaimer: This video is intended for educational purposes only and does not constitute legal advice. Always consult with a qualified attorney for specific legal concerns.

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