Comments on: Wal-Mart Pwned By Videographer

By: Thomas Hawk

Thomas Hawk — Fri, 11 Apr 2008 10:27:00 +0000

But I thought that IP rights are done differently when you are paid to do a shot, rather than when you do a shot, and then get paid for a photo.

Incorrect. In absence of an agreement, the creator of the content enjoys full rights, copyright and control by default. This is irrespective of whether a photographer or vidoegrapher is paid for the work or not.

By: TranceMist

TranceMist — Fri, 11 Apr 2008 06:42:00 +0000

I read this in the WSJ yesterday and I think it’s a fantastic story.

Besides the lesson for Wal-Mart in not having a contract, I absolutely love the fact it will embarrass walmart and show what a stupid reckless and soul-sapping corporation they are.

By: Wizetux

Wizetux — Thu, 10 Apr 2008 16:26:00 +0000

First off, I am not a lawyer, nor do I know everything about IP laws. But I thought that IP rights are done differently when you are paid to do a shot, rather than when you do a shot, and then get paid for a photo. I believe that the right belong to the party that paid for the shoot unless it is stated in the contract that the author of the works retains the rights. Very similar to many Professional photo studios. I might be wrong about this, thou.

By: Jason McKim

Jason McKim — Thu, 10 Apr 2008 14:30:00 +0000

As a technical matter this wasn’t “without a contract”; it was a contract not evidenced by a writing: a handshake can create a contract. If it’s standard practice in the industry to surrender IP rights to the client, then Wal-Mart might be able to get that term into the contract and actually own the rights, not merely delay Flagler in court. This seems to be a fair result, as Flagler and Wal-Mart didn’t intend to create a contract by which Flagler could essentially blackmail Wal-Mart.

The safest thing to do is not to work without a written contract, but have the contract specify that you keep the IP rights, if that’s what you want. You will get a lower contract price, but that is fair because you are retaining something of possibly great value. If you don’t have a written contract you will at least have to pay legal fees that you don’t want to pay to convince a judge that surrendering your IP rights wasn’t implied into the agreement.