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|| SportsShooter.com: Member Message Board
Court Licensing
Nick Morris, Photographer
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San Marcos | CA | United States | Posted: 12:55 PM on 06.17.09 |
| ->> SS Members, has anyone here ever had to license your photos for the court room? I'm in that situation now and I need a bit of help. I need to "license" (for lack of a better term) a set of photos for the victims in the 2007 San Diego Wildfires. The catch is the same "pack" of attorneys for the defendants are trying to force me to turnover the photos in a case they are currently in against the PUC. Now I really want to help the homeowners because they have suffered the most and the energy giant is trying to kick them while their down. I just want to make sure that the homeowners attorneys don't inadvertantly release my photos to the wrong side here. I know both sides will have access to the photos during the trial but it's after that I want the photos returned and all copies prints and likeness of the photos back in my posession. Has anyone ever worked with any sort of contract for something like this? |
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Will Powers, Photographer
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Denver | CO | USA | Posted: 8:22 PM on 06.17.09 |
| ->> Do you have an attorney? The judges and lawyers can assure that your files don't get improperly distributed, but without a contract or court order you WILL get screwed. |
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Darren Whitley, Photographer
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Maryville | MO | USA | Posted: 9:08 PM on 06.17.09 |
| ->> Get a lawyer. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 1:19 PM on 06.18.09 |
->> You need to see a lawyer ASAP! Some states recognize a privilege that would permit members of the media to resist subpoenas; other states don't. A local attorney should be able to guide you, advising if there is a basis for withholding the images, and helping you object (if there is a basis for objecting) to the demand to turnover the images Alternatively, there may not be a valid basis. Either way, you need to speak to a local attorney to understand your rights and how to protect them.
You can't license your images to one side in a litigation and preclude the other side from obtaining copies of them. Court process generally includes what is called discovery (some judges refer to this as "show and tell" for those litigants who need it spelled out). The general rule is that if one side is going to rely upon some evidence, the other side gets to see it prior to trial.
You may also be making yourself a witness in the proceeding (and as a fact witness, you're generally not entitled to be compensated your hourly or day rate for the time wasted in deposition or trial). At best, you may be entitled to a statutory witness fee (and when you find out what the witness fee is, you'll begin to understand why subpoenas are used to force people to appear).
Hope this helps. |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 2:09 PM on 06.18.09 |
->> Sam good post, however it would appear that Nick's concerns aren't for this case but that the photos are retained to be used in future litigation by other parties.
I kept my mouth shut because I haven't a clue on CA law. If this were a criminal case iirc the photos would become part of the record and available to the public for review. Again iirc the best example of this happened in your state. The case involved a hs coach who was bringing home members of his team to have sex with his wife. The coach would hide in a closet and tape the "event".
The tapes were introduced and accepted at trial. After the trial the media asked for copies of the tapes and the DA refused. The media won in court and the DA was required to make copies of the tapes for anyone who made a valid request. I believe that at the time the DA's office was allowed to charge a $25 copying fee and mailing charges.
I agree with everyone that Nick should get the advise of a CA lawyer AND POST IT HERE ;) |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 2:48 PM on 06.18.09 |
->> Good point, Eric. Let me address that. In some rare cases, lawyers will return evidence. However, in most cases, lawyers will maintain the evidence in their files for as long as they maintain the files (figure an average of 5-7 years, although I've seen files maintained for over ten years in certain instances). Likewise, if the photographs become part of the public record (e.g., are filed in the Court file), they will be publicly accessible to anyone who is willing to pay the Clerk the copy costs.
As for the civil versus criminal issue, in many states that is a distinction without a difference, at least for purposes of public access to court files. In Florida, court files in civil proceedings are generally open to the public. |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 6:44 PM on 06.18.09 |
->> Just curious -
Is the suggestion here that you want to be able to claim privilege in the one case and refuse a subpeona, while freely (of free will, not free as in no compensation) providing access to them in another (where it fits your personal bias)?
I'd be interested in reading the brief which supports that. |
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