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You know what I'd tell a lot of photographers, just look out for that word work for hire. Work for hire means literally you don't own anything that you took. So if you sign any contract and say work for hiring you're a photographer that they own that photo. They can do whatever they want with it, t shirts, product, sell it, flip it, whatever they want to do with it. You don't own it anymore. So you look out for those terms. But then you when you went into contracts.
Most of the Nike and Nadidas unless it's something like major, they don't really need it longer than like a year or two, and they'll buy like global rights to use it what they call above the line or below the line above the line, meaning they can use it like for anything in terms of like on a product or on a billboard or a lot of stuff. Then some of the below the liwn might be social media or
Instagram things like. It may have different tiers to what they can use it for, but that's where the money is at, because that's when you own your content. Then you can start to charge for like licensing and rights and things of that nature.
So been a can right well cam. But then speaking of Nike, is the iconic situation with Jordan's. Remember this situation years ago with the photo of him like when you think his rookie season, and the photographer sued Nike. It was like a twenty year lawsuit and I think he actually ended up losing, but it was a very public situation where he the iconic. The thing the Jordan's actually that I'm thinking about as the jumpman, the Jumpman symbol.
The photographer that took the photo of the Jumpman symbol was trying to sue Nike because he was saying that it was his intellectual.
Property that made them choose the logo exactly.
And like I said, I don't think that he actually won that lawsuit, but it was like a twenty year, extensive fight, eight millions of dollars and da da da. But here's my thing. I respect the photographer, but if I'm paying somebody take a photo, then I don't. I just don't understand. Why is it not my photo? Right?
That's fair. I'm not saying that it's right, it's just the way the laws are written that if you don't make me sign a paperwork to grant you those rights, just the way the laws are.
So technically, anybody that takes a photo. If you take a photo of me, right, and I use that photo for set album cover, and that album sells ten million records, right, and then you come back five years later and say, Okay, I want twenty percent of these record sales. You can't do that, though, But what can you do? You can't do that per se. So in a situation like that, if I take a photo of.
Either one of you all and we didn't do no paperwork, and then you exploited the photo and work, I could be subject to certain rights. Right, So the first thing that's gonna happen. My best friend's a lawyer, so he done already gain me his game because I thought the same way, like a million dollars, somebody play with me. Well, the first thing that's the first thing that happens is really like that. They're going to say, what are your true damages? Right? So, like, how did this did you
doing that impact my ability to monetize that photograph? So then they're gonna go into my records and say, well, right now, if you take a dope photo, how much money do you make off that photo? So if I have no proof of like every time I take a photo,
I'm making a million dollars. If I don't have that, if it's like, well, you've never sold your work and art, you've never put out an album cover yourself that went and made money off of, then they'll go to the precedent of what you have and then they'll say, all right, you might be old standard rights, what photo album cover thousand dollars fifty hundred whatever, They're gonna go down to
what my damages are. And now I can prove that by you doing that, you stop my ability and I had a clean ability to make money off that image, and you exploited that and stole that from me. I would have to kind of prove how that impacted me in terms of what my numbers would be. But there's nobody in the history, as far as I know, a music industry that's ever gotten percentage of an album sell
for an album cover. And then I got to prove that those sales were are all based off of my photo, not that you're a dope rapper and you did thirty other things.
Let's use a better example. Let's use a photo that's put on merch. That happens a lot. You see iconic photos of like Supreme with yep dip set right, or you see Mike Tyson, somebody that's used a lot in photos for merch, did Biggie Yep did the Biggie image. That's a lot on photos. So a lot of a lot, a lot of merch has been sold with for iconic photos that were photo shoots that got turned into actual merch. How does that work?
So you you have a better chance of winning that one because the person bought that photo based off the visual I mean, bought that T shirt or merch based off the visual of what's on it. So it's harder for a brand or somebody to say they didn't buy it because of this photo. It's like this on the damn you know what I mean, it's there. It's not like music where I bought it to hear the song. I bought it for that. So you have a better
chance of winning those. So like people have sue, like Urban Outfitters and I want to say, H and M. Someone have gotten sued off for that. I know it's a big TUPAC case where it's on his photos in the Urban Outfitters shirt and they sued and he won hundreds of thousands of dollars. Photographer photographer did.
The photographer who took Cam's iconic pink f pink cell phone he put that on a T shirt. Yeah, the dude who actually took the picture sued yep, and he won.
Yeah he will win.
Yeah, he had to. So Cam actually well I don't know if he's paid it yet, but he deal was actually a judgment where he has to pay the photographer using a picture of himself. That's crazy, which is like when you think about it's like.
It's wild, but it's an art form. See that's the part that people have to respect. It's like if I painted you or if I did like I literally had to do something to make that image. It is a true I think it's a true collaboration. In my opinion, I think it should be fifty to fifty my opinion, that's how I think it should work, because that photo of cam is nothing. If that was Joe Blow on the street in the same outfit with the same phone to his ear, cam Ron made that photo what it is.
So I definitely think that there has to be some type of synergy between a respect between both sides. But it has to be both sides because some artists take advantage of it on this side and they take a photo and they just do whatever they want with it, don't even talk to you about it. It's like it's got
to go both ways. I know Jonathan Manon was in a big suit against jay Z over that, and they had a really big lawsuit where jay was suing Jonathan because he kept selling his artwork, like selling photos of jay Z for tens thousands of dollars. But Jonathan's like, I own it to who own it? I want to say. They settled out of court. I'm not sure who won or what they what the resolution, But you're talking about Jonathan Mayon, who's whole career he shot every single jay
Z album. Girl, Like their connection is crazy. To ever see them have to go to litigation just proves that there's something wrong with the waiter the laws set up honestly for both parties, like something needs to be done with it. Butareness to like the subject matter subjects that's being shot, you don't own it until you it works.
So what's this thing I've been seeing on social media about people that shoot videos that like, let's say like this video that we're shooting out right, we don't own the video. I've seen like this thing like similar to that, you.
Don't own it. That guy that turned that camera owns it.
Yeah, what's that about.
It's the same concept.
Explain that it's the same.
So it's like I pressed, I left the cameras on, I turned it on.
Don't do that.
To be like that like that.
So yeah, so explain that because for content creators to understan nobody ever thinks about that, right, Like you're shooting a podcast, you're shooting an episode, you're shooting even a rap video, right, and you know you got a videographer, You're gonna pay the videographer. So I'm paying you for your services. You set the camera up, but I'm the one that's actual doing it. It's the work.
Yep. It's the same way with photography. Whoever is behind that camera that pushed the button in that composition the photo and created the layout and the set, that person technically owns it. Now, I do think it gets a little tricky. I'm not a lawyer by any means, but I do think it gets a little tricky if you guys own the camera that they're using. So these cameras
come with copyright information built into the camera. So when I buy my camera, the first thing I do out of my camera is I set my copyright information within the camera that automatically is imprinted on anything captured with this camera. You do that, it's setting for your camera. You going there and you just put your name copyright this. So that is one way. So now if it's y'all's cameras and I just hand you my cameras to take a photo of me, it gets it can get kind
of tricky to say that. Now I gotta say you did that it's because I bought it. Now, if I'm bringing my own camera, my own lighting, my own to y'all's thing and I shoot it, and if that payment and spell out that this is a work for hire or this is in exchange for that, I technically could say I own it. Now, will I win in long like?
Because some things are still gonna be about like what you know, Like did you know that or were you whether you up front that you owned it, and did you do certain things on your end to ensure that
there's clarity there? Because if I go along with the idea of letting you all do what y'all want to do with it, I don't believe I can just like undercut you later like, oh, they don't know that they didn't sign a paper where I'm gonna wait TOI this blow up, Like I don't think you can do that in good faith and still be doing business and then
I'm gonna catch them ten years later. I don't. I don't think you can do that, And I think you're gonna have a harder time winning that one if in good faith you let them, you let them to believe they owned it and could do whatever they want with it. But it's it's a real thing, and it's it's becoming more real now with more content being created and these these things coming out, like you gotta know what it is.
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