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Oakland - On Friday, June 18, an Alameda County Superior Court judge quashed an illegal search warrant issued for the unpublished news photographs of veteran photojournalist David Morse. The court also ordered the return of all of Morse's photographs, including any copies made by the University. The court also ordered the University to declare under oath what agencies received copies of the photographs, if any.While these victories are welcome, it's like applauding for something that was a given in the first place (or should have been.)
Buy Out is a slang term, often misinterpreted as a transfer of copyright ownership of a work from the copyright holder to the client or client's agent. In the absence of a specific copyright transfer agreement executed by the copyright holder there is no copyright transfer. If this term is used, an additional, precise list of rights granted or transferred should accompany any license.Further, clients who ask (or demand) a buy out either are trying to pull a fast one on an unsuspecting photographer by getting the whole pie for the price of a slice, or, unfortunately, they have been screwed over by a photographer in the past and are now in defensive mode trying to protect themselves and their client from that happening again.
You would have had to have sold about $5,000 of their images for them to get $3,500. That means CBW would have to generate $50,000 a month for each of the 10 photographers to see a gross revenue of $5,000, which they would then get their $3,500 from. Thus, since their model ranges from $100 to $300, a mid-point of $200 per subscriber would be reasonable for the purposes of this scenario. So, in order to get $50,000, CBW needs 250 subscribers, so each photographer can get their $3,500. When we then suggested that 250 subscribers is more than double the 100 he considered "great", that presents a problem. If 250 subscribers earns each of the 10 photographers a net of $3,500 for the month, then 100 would earn $1,40 a month ($140 an assignment), and, with an annual goal for the first year of 40 subscribers, that's $560 a month, to do 10 assignments, or $56 an assignment. It's important to note - the photographer contributing in NYC would have to do all 10 assignments, and hope that they had enough subscribers.When we presented this scenario, and asked him if he had run the numbers in some similar type of scenario, he said: " I haven't done kind of the math as you just did...I am so in the dark right now. I think we could get anywhere between 40 and 250. I'm feeling it's almost a shoe-in we can get, we have a list of over 4,000 publications, and we have a full-time salesman who's going to be on this." He then went on, "You know I don't know if it's proven or not, we worked hours on just trying to find some kind of formula ...I have to be honest, this model isn't proven...I'm not super experienced when it comes to the numbers stuff." Well, that's certainly a vote of self-confidence, in the eve of the companys' launch.