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Why You Want to Retain the Copyright in MP4646

WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

This is a great example of why you want to retain the copyright in your Matterport Spaces:

I need help with up to 2,000 scans in the US

In this example above, if you own the copyright – and still have the model on your iPad - you might be able to get paid twice for the same Matterport Spaces 3D tours.

I am not a lawyer and I do not give legal advice.

For We Get Around Atlanta, we provide our clients with a license to use the Matterport Spaces 3D Tour for the term agreed. The client can use the Matterport Spaces 3D Tours – as they wish.

We do not provide a perpetual license. For 99 percent of the Matterport Spaces we have done, we have not transferred the copyright. Typically, all the client wants is the use the Matterport 3D Tour anyway.

My understanding - and again, I am not a lawyer and do not give legal advice - is that unless the photographer specifically assigns the copyright, the photographer owns the copyright.

(It may be possible to get Matterport to transfer the models from your account to another account, but I would not want to plan on that either always being an option or a free option.)

If you transfer the copyright to your clients, why?

What else? Why not retain the copyright for potential opportunities like this?

Best,

Dan
Post 1 IP   flag post
Founder
Nail Soup Media
Sarasota, FL
GlennTremain private msg quote post Address this user
good to put in order form under terms of service or FAQ. Dont make it obvious and in big bold print but dont make it like those late night TV commercials with the unreadable fine print.
Post 2 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
@GlennTremain

We Get Around Atlanta leaves the ownership/copyright out of any documents/email exchanges.

We take the position that we own the copyright, unless it is expressly transferred, which is my understanding of the copyright law. Again, I am not a lawyer and I do not give legal advice.

Dan
Post 3 IP   flag post
Standard
Member
New York City
3dVuz private msg quote post Address this user
Hi Dan,

Can you provide an example of a contract between your 3D company and a realtor who you're shooting for?

Howard Witz
3D Vuz
Post 4 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
@3dVuz

That's a TERRIFIC! question.

First, We Get Around curates a Form library. Access is free, when you contribute a Form ...

3D/VR/360 Photographers>Sample Forms Library

Second, We Get Around does not use a contract between us and our clients, with one exception, where the client provided the Agreement.

We only invoice the client after we have delivered everything and they are thrilled. We take the business risk of whether we will get paid - or not. In my [redacted] years in business, I have not gotten paid 2.5 times. I am willing to take the business risk in exchange for reducing friction to doing business. So, when a client (rarely) asks for our contract, we let them know we only invoice them AFTER everything has been delivered and they are thrilled (which makes their request go away.

In my previous life – TV/entertainment marketing - we had exceedingly long contracts provided by our clients that my in-house general counsel (my wife) would redline. She's very-busy with her day job and we don't want to tie her up for two seconds reviewing contracts, unless is is absolutely necessary. (I did have a potential client - that we declined - when they sent us a Masters Services Agreement (MSA) that was 23 pages long. (Really) The amount of potential business was not worth the onerous terms of this agreement (designed for big companies to do business with other big companies).

They worst thing that could happen is that we do not get paid. And, that has not happened with our We Get Around Atlanta scanning biz of 3D/VR/360º photography. The trust and respect we show gets answered with prompt payment.

Dan
Post 5 IP   flag post
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