Author Topic: Tranfer of photo copyright. (Read 5704 times)

sharpshot · « **on:** March 09, 2007, 03:09 »

My Stepfather has some photos that he wants to give to me to sell on microstock sites. I have not uploaded them, as I am not the owner of the copyright. He would be willing to transfer the copyright to me but I have done a search and can't find a form that covers this.

I am in the UK and just wondered if anyone here has done this?

It might be easier if he started his own microstock business but he lives in mid Wales and has been told by BT that he will never get broadband. The phone lines there are so bad that it can take several hours to upload one file.

leaf · « **Reply #1 on:** March 09, 2007, 03:38 »

i think a simple forum that you make up would work - stating your names and what all the deal includes, the date a witness and copies for each of you.

phildate · « **Reply #2 on:** March 09, 2007, 10:39 »

I think Leaf is right. A simple agreement tranferring copyright of photos, signed by both parties and witnessed should be suffice. I will be doing something of the same soon I hope.

sharpshot · « **Reply #3 on:** March 09, 2007, 11:43 »

Thanks for the replies. I will work on a form.

eendicott · « **Reply #4 on:** March 09, 2007, 14:16 »

Sharpshot - In the U.S., there is a specific for for the transfer of copyright. It is the same form used to register copyrighted work (Form VA). If you want to transfer the work legally, then I would go through the copyright office in the UK to cover all basis. Here's a link to the U.S. Form as reference:

http://www.copyright.gov/forms/formvai.pdf

yingyang0 · « **Reply #5 on:** March 09, 2007, 16:32 »

CJPhoto · « **Reply #6 on:** March 10, 2007, 03:22 »

Since we are all being helpful, you may want to consider tax implications. Might not be an issue if only transfering a few "unproven shots" but Phil, if you transfer your entire portfolio will the person you are transfering it to be making payment for them (I assume you are transfering it from yourself to a company owned by you or something similar??).

There maybe implications if you do it at nil value.

yingyang0 · « **Reply #7 on:** March 10, 2007, 11:41 »

Quote from: CJPhoto on March 10, 2007, 03:22

(I assume you are transfering it from yourself to a company owned by you or something similar??).

Didn't read the original post?

CJPhoto · « **Reply #8 on:** March 10, 2007, 19:26 »

Quote from: yingyang0 on March 10, 2007, 11:41

Quote from: CJPhoto on March 10, 2007, 03:22
(I assume you are transfering it from yourself to a company owned by you or something similar??).
Didn't read the original post?

That sentence referred to Phil Date.

phildate · « **Reply #9 on:** March 10, 2007, 21:53 »

Quote from: CJPhoto on March 10, 2007, 03:22

Since we are all being helpful, you may want to consider tax implications. Might not be an issue if only transfering a few "unproven shots" but Phil, if you transfer your entire portfolio will the person you are transfering it to be making payment for them (I assume you are transfering it from yourself to a company owned by you or something similar??).

There maybe implications if you do it at nil value.

I am thinking more along the lines of employing someone to work for my company, who then shoots stock but the photos will belong to the company not the individual. Since the employee will be paid a salary, I guess this would avoid any tax implications, not that we have such difficulties in Singapore anyway I think.

yingyang0 · « **Reply #10 on:** March 10, 2007, 23:25 »

Quote from: phildate on March 10, 2007, 21:53

I am thinking more along the lines of employing someone to work for my company, who then shoots stock but the photos will belong to the company not the individual. Since the employee will be paid a salary, I guess this would avoid any tax implications, not that we have such difficulties in Singapore anyway I think.

I don't know about Singapore, but in most countries that is called a work-for-hire and you wouldn't need to transfer the copyright because the company automatically owns the copyright to all photos that are produced by that employee. However, I might make it explicit in their employment contract that the company owns all photos produced just to make it clear.

I'm still not sure what exactly CJPhoto was trying to say about tax implications, especially about transfering to a self-owned company. But it doesn't matter because it wouldn't apply to you.

CJPhoto · « **Reply #11 on:** March 11, 2007, 04:19 »

What I was refering to wont apply to the situation you are suggesting. As YingYang says, that is work for hire just like any photag on a newspaper payroll etc. Just ensure the employment contract says you own the copyright or in the least says they dont retain it.

In some countrys, you cannot just give away a valuable asset. Say for example, you had a house that if you sold it at market value, you would have to pay tax of $50,000. If you gave that house away would tax be payable?? I dont know US or singapore but for UK and NZ, there would be implictions. Now if you owned photos which were valued at $x, and you sold the copywrite, you would you need to pay tax? If you just give them away, would there be any implications???

But it doesn't matter since this isn't way Phil is wanting to do.