Need Advice - Canadian Law

BrianShaw · Sunday at 3:35 PM

… or it could be an intentional or unintentional desire to possess what they think they are owed. I had similar experiences many years ago except the change to the agreement was to hand over negatives. It never seemed like they had a need or use for them but they certainly felt they were owed. In one case the “client”, a friend from church, changed the agreement at the end of the party and demanded the exposed film. Tired of that kind of nonsense I gave them a bag of film and they gave me an envelope of money… except it was short by 33%. Rather than discussing I simply vowed to never do photography for other people ever again.

Sirius Glass · Sunday at 5:53 PM

MattKing said:
In lots of situations, the answer is yes.
We branched from the same root, but approximately 90 years later - 90 years when there were many fundamental changes and improvements in the British law that both countries started with.
In addition, our law includes more of the influence of the Napoleonic Code - Quebec having more legal influence then Louisiana on the general law.

There is little or no influence of Napoleonic law via Louisiana on US law.

Sirius Glass · Sunday at 5:54 PM

Photographer_101 said:
You know whats ironic.

So I used to shoot events for a company I used to work for way back in 2012. I did not have the rights to use it for my own portfolio which is fine.

So I'm getting back into photography and rebuilding my portfolio for events.

So I applied for a volunteer photo shoot for an event this coming Friday. You know what the organizer is doing? They are having all guests sign release forms to allow the photos and video (I'm not offering video) for online use.

The best part is part of my role as a volunteer event photographer the client wants ME to collect the forms from each guest.

I swear clients are so crazy in asking for unrealistic goals for a VOLUNTEER photographer. I stated in my email I would much prefer to focus on shooting your event than collecting release forms.

If I don't get the gig no harm loss.

The last client that wanted a volunteer photographer for a 9 hour event, everything went well during the interview including outlining the delivery time and exactly what they would receive.

What really impressed me this client said I could watermark.

So a few days later the client changed their mind and said I couldn't watermark. Fine. Then she said I must submit ALL of my RAW files including Web ready and high resolution jpgs. Volunteer!!!

I said if they want my RAW files they can pay. I walked away.

Like if someone wants to act as a volunteer photographer, unless your event is extremely unique that it will add to your portfolio, I feel many clients are so clueless as to what a photographer needs.

Eventually I may give up on volunteering as an event photographer because of the lack of professionalism.

Since you were a volunteer and you paid for the film, the copyright belongs to you and the client has no rights of privileges to the photograph other than volunteered by you.

MattKing · Sunday at 6:23 PM

Sirius Glass said:
Since you were a volunteer and you paid for the film, the copyright belongs to you and the client has no rights of privileges to the photograph other than volunteered by you.

Th entitlement to copyright issues are somewhat different in Canadian law than they are in US law - particularly when it comes to "commissioned" work.
They actually used to be even more different than they are now.
Always be cautious about applying tests from other jurisdictions!
And of course, the OP isn't using film!

MattKing · Sunday at 6:35 PM

Sirius Glass said:
There is little or no influence of Napoleonic law via Louisiana on US law.

Most common law decisions originate out of local issues and local laws. If there is an important principle in US law on rights respecting, for example, Dixieland Jazz or gumbo, there is a high likelihood that it originated from Louisiana, and will have at least been influenced by Louisiana decisions from courts regularly applying Louisiana based experience.
In Canada, a significant percentage of our courts are in Quebec and regularly have to bring Quebec law considerations to the disputes that arise there. The decisions from those lower courts form much of the law, and often end up being adopted by higher courts in their decisions.
Yes, Quebec has more influence on Canadian law in general than Louisiana is likely to have on US law in general, but courts in other jurisdictions are entitled to read and adopt with approval the reasoning from those other courts.
Otherwise, I would never have had the opportunity to learn of the existence of the US appellate justice with what must be the best name ever: Justice Learned Hand!

Need Advice - Canadian Law

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Need Advice - Canadian Law

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