I’m not certain my experience is relevant in this context, but I’ve been fighting contract language for over 30 years. I’m a pro photographer and producer in the biz for many years. I produce unique content that is quite challenging to recreate.
So many contracts contain what I call “rights grabs”. They are attempting to transfer my IP to them for maximum profit. I’ve fought this trend with success for decades.
I simply cross out the offending language in the contract and make the license contingent on the agreement proceeding as I describe. I’m happy to abandon a contract if it does not go my way (a luxury not everyone has).
My largest checks in the past two years have been from lawsuits brought against copyright infringement. In every case my contract revisions have withstood legal challenge and the defenders/offenders have folded when they proceeded as if the original contract language (before I altered, after they signed) stood.
There are lawyers who have pursued this niche to great success and I have lawyer team ready to pursue infringement on a contingency basis. It is quite amazing.
More than once now, my lawyers have fought for years when the infringers had deep pockets and a terror of precedent. They paid so many thousands to their legal team but lost. I have prevailed in every case.
I recognize this is bragging. But so many of my colleagues have just signed for a short term check while losing in the long run. I might be an obstinate fool, but so far it’s paid off.
We in the photo biz have had to survive a huge paradigm shift in the biz model in the last 18 years. But so many people fold for Pennie’s. “I need this $250 right now to make rent”. But my settlement checks are in the $25,000 range typically (25% after my lawyers and agent get their cut).
Last I looked, the average income for a photographer in the U.S, was around $7500 a year. Yes, $7500 (no missing zeros). I make six figures consistently and I’m damn proud of this fact.
Most of the conversations on this forum are above my skill set, but you folks are generally paid for deep knowledge and rare skills. Don’t let anyone steal this from you.
So many contracts contain what I call “rights grabs”. They are attempting to transfer my IP to them for maximum profit. I’ve fought this trend with success for decades.
I simply cross out the offending language in the contract and make the license contingent on the agreement proceeding as I describe. I’m happy to abandon a contract if it does not go my way (a luxury not everyone has).
My largest checks in the past two years have been from lawsuits brought against copyright infringement. In every case my contract revisions have withstood legal challenge and the defenders/offenders have folded when they proceeded as if the original contract language (before I altered, after they signed) stood.
There are lawyers who have pursued this niche to great success and I have lawyer team ready to pursue infringement on a contingency basis. It is quite amazing.
More than once now, my lawyers have fought for years when the infringers had deep pockets and a terror of precedent. They paid so many thousands to their legal team but lost. I have prevailed in every case.
I recognize this is bragging. But so many of my colleagues have just signed for a short term check while losing in the long run. I might be an obstinate fool, but so far it’s paid off.
We in the photo biz have had to survive a huge paradigm shift in the biz model in the last 18 years. But so many people fold for Pennie’s. “I need this $250 right now to make rent”. But my settlement checks are in the $25,000 range typically (25% after my lawyers and agent get their cut).
Last I looked, the average income for a photographer in the U.S, was around $7500 a year. Yes, $7500 (no missing zeros). I make six figures consistently and I’m damn proud of this fact.
Most of the conversations on this forum are above my skill set, but you folks are generally paid for deep knowledge and rare skills. Don’t let anyone steal this from you.