Advice needed about working with Meero

photoworks

I have been contacted recently by Meero as they are interested in working with them (as a Freelance Photographer.

I was, at first, excited about working with them. But, after reading the terms of the contract, my excitement has been dampened.

In first appearance the contract does not offer a balance between my obligations towards Meero and Meero obligations towards me. It seems that I would be put at a disadvantage. Apart from the remuneration, there is not much incentives for me to partner with Meero.

I have to be registered as self employed but the terms of the contract are, in effect, as if I was employed by Meero and not as independent service provider.

The fact that I have to give up all copyright for the work I would do is also worrying.!Isn’t it a breach of scottish copyright law whether a photographer retains copyright of his images except when said photographer is employee of a company.

Even though they require that I have the status of Freelance photographer,according to the contract I will have all the disadvantages of being freelance and being employed but none of the incentives.

What further concerns me is that the contract is under the exclusive jurisdiction of the courts of Appeal of Paris even though I am resident and will work in the UK (not in France).

Does not the company must abide by the Scottish Law?

In short, this contract has me very confused.
Could any one help?

jonnygee2

The fact that I have to give up all copyright for the work I would do is also worrying.!Isn’t it a breach of scottish copyright law whether a photographer retains copyright of his images except when said photographer is employee of a company.

It's normal for all freelancers who produce something for a company to give up the rights of the thing to the company.

As for jurisdiction, as the contract is international its pretty complex as to where it can be enforced, however if the entity hiring you is in France and the contract says France then it's probably France. Not that any dispute is likely to go to court anyway, few commercial disputes go this far and as a freelancer you won't have any employee rights.

Ultimately its a freelance contract. If you don't like it don't sign it. If you do sign it you are entering a contract of your own free will and bound to its terms.

photoworks

I do not understand.
under the Scottish copy right law:

"Copyright protects your work and stops others from using it without your permission.

You get copyright protection automatically - you don’t have to apply or pay a fee. There isn’t a register of copyright works in the UK.

You automatically get copyright protection when you create:

original literary, dramatic, musical and artistic work, including illustration and photography"

The contact they want me to sign grant them the full copyright of the photographs I would do. In practice, it means that they can do whatever they want with the photos and once I uploaded my work on their site, I would have to delete all files. It means that I could not even use the photos for my portfolio, either printed or online.
It also means that they can use the photos without identifying me as the author the photographs.
Again, according to the scottish law:

"Economic rights give you the opportunity to make commercial gain from the exploitation of your works. This would usually be by licensing others to use the work, or by selling the rights.

The author of a copyright work has the exclusive right to authorise or prohibit the following acts:
Reproduction
Distribution
Communication to the public"

also according to the Scottish law :

The moral rights, including the attributions right, cannot be sold or otherwise transferred. Which means that They are obligated to identify me as the author of the work I would do for them.

So I ask again, Is it legal for them to bully me to relinquish my copyright to them? Meaning, is such contract legally binding?

jonnygee2

So I ask again, Is it legal for them to bully me to relinquish my copyright to them? Meaning, is such contract legally binding?

Yes of course it is. I know you don't understand that's why I tried to explain it to you! Here goes again.

When you create something you have the copyright. A copyright isn't some sort of human right, it's a commercial right which can be signed away. By signing that contract you are signing away the copyright in exchange for payment from them.

It's a normal part of commercial contracts for freelance workers.

As for moral rights, they exist (a d you will retain them) but not really relevant to the contract.

photoworks

Why are the moral rights not relevant tp the contract. As I understand the law, You are the author of the work you produce. which means that even if you give up your copyright, the client still have the obligation to identify you as the author of the work : attributions right, cannot be sold or otherwise transferred
So even if I agreed to give up my copyright, the company is still obligated to credit me for the photographs they use.

jonnygee2

Why are the moral rights not relevant tp the contract. As I understand the law, You are the author of the work you produce. which means that even if you give up your copyright, the client still have the obligation to identify you as the author of the work : attributions right, cannot be sold or otherwise transferred
So even if I agreed to give up my copyright, the company is still obligated to credit me for the photographs they use.

Because the right to be identified needs to be asserted before it can be enforced, and most likely the contract you have been given will have no opportunity for you to assert this right, and Meero will not sign anything in which you assert this right.

Comms69

photoworks wrote: »

I do not understand.
under the Scottish copy right law:

"Copyright protects your work and stops others from using it without your permission.

You get copyright protection automatically - you don’t have to apply or pay a fee. There isn’t a register of copyright works in the UK.

You automatically get copyright protection when you create:

original literary, dramatic, musical and artistic work, including illustration and photography"

The contact they want me to sign grant them the full copyright of the photographs I would do. In practice, it means that they can do whatever they want with the photos and once I uploaded my work on their site, I would have to delete all files. It means that I could not even use the photos for my portfolio, either printed or online.
It also means that they can use the photos without identifying me as the author the photographs.
Again, according to the scottish law:

"Economic rights give you the opportunity to make commercial gain from the exploitation of your works. This would usually be by licensing others to use the work, or by selling the rights.

The author of a copyright work has the exclusive right to authorise or prohibit the following acts:
Reproduction
Distribution
Communication to the public"

also according to the Scottish law :

The moral rights, including the attributions right, cannot be sold or otherwise transferred. Which means that They are obligated to identify me as the author of the work I would do for them.

So I ask again, Is it legal for them to bully me to relinquish my copyright to them? Meaning, is such contract legally binding?

Are you actually being serious? They aren't bullying you. They're offering you work under these conditions, by all means refuse the work (and associated payment)

74jax

I use freelancers all the time and expect the copyright for what the produce for me. It's all upfront and they either sign up to it or not. It's not a biggy either way.

photoworks

yes I am serious because I feel that I will have to sign it in the end because I cannot find a job despite trying for 4 years, sending applications after application.

Comms69

photoworks wrote: »

yes I am serious because I feel that I will have to sign it in the end because I cannot find a job despite trying for 4 years, sending applications after application.

You don't have to sign anything.


And given anyone googling Meero would see this thread, you may find that the offer is withdrawn anyway.


But in all honesty I have no idea how you thought you'd be paid to do work AND keep ownership of the product.


Can you provide your logic for this? What did you think they were paying you for?

Dox

photoworks wrote: »

yes I am serious because I feel that I will have to sign it in the end because I cannot find a job despite trying for 4 years, sending applications after application.

Maybe the fact that you've not been successful in 4 years suggests that either you aren't being realistic in your expectations, or that you might have more success in a different field.

Quoting bits of googled 'law' isn't going to help you get employment (or self employment). If you don't like the terms of a contract, don't sign it. Your call.