Can a photographer legally transfer their copyright to a client through a Photography Usage Rights Agreement?

When entering into any type of contract with anyone and about anything, one of the parties can include any terms they desire as long as the term is not illegal. If you signed the license agreement before the photographer completed the work for you, you will need to seek and obtain express permission to edit or alter the photographs. If, however, the photographer sent you the agreement after he or she completed the work, including sending you the photos, and you paying for it, the photographer can't make you sign a contract after the fact, and such terms would likely not be enforceable. If you signed the agreement before the work was done, and you alter the photos, the photographer could sue you for breach of contract, copyright violation, and perhaps a few other types of intellectual property claims. If you like the photographer's work, it's best to work out arrangements with him or her or the company, because you may want a good relationship with them going forward. Moreover, the photographer may have a better skillset in regards to editing the photos to meet your needs. Please note that I am not accepting new work until the end of October - I just wanted to answer your question; I'm turning down all offers of work at this time. I also do not engage in litigation any more.

You can put pretty much any kid of restriction in your agreement and decide what you want and not want transferred. It's your artistic work, it does not matter what the picture is of (I guess maybe it's difficult to prove the photo is yours?). However, in a breach of contract situation, you need to show your damages. I would consider some liquidated damages provision that they would pay you a set amount if it used for any other purpose.

Hello! My wife does photography so I understand how frustrating this may be. The answer is yes; you can. Technically, you own the copyright and you are allowed to give copies to your clients. As a condition, you can state in your contract that alterations of any kind are prohibited or may require your approval first. We're happy to help take a look at the contract for you and add those terms! Best of luck! Dolan

The answer to your question will largely depend on the specific terms of the Shareholders Agreement, and whether the claims, and potential liability, come from a third party, the corporation itself, or your fellow shareholders. It might also depend on any other role(s) you have with the corporation as a director, officer, employee, and/or agent. A Kansas statute (K.S.A. 17-6305) provides specific parameters regarding a corporation's basic indemnity obligations for its directors, officers, employees, or agents. However, a shareholders agreement, the articles of incorporation, and/or bylaws might provide for more details regarding an indemnification review and approval process, the advancement of fees, or other requirements or protections. Related to indemnification by the corporation itself, the existence and extent of any insurance coverage for directors and officers liability (a D&O policy) could be a vital consideration in certain situations. You should consult with an experienced attorney regarding the specific terms of your Shareholders Agreement, any other relevant corporate documents, and the particular concerns you might have to make sure you fully understand the extent of any protection provided, and whether there are any uncertain areas or issues that need to be addressed.

These are questions that you should discuss with a Lawyer. Without seeing the content of the contract and understanding the nature of your business, I doubt anyone will be able to provide you actionable advice.