Private or Not Published.

[Brainsinmedick]

Thanks Ian. What is the penalty clause and how is it enforceable?

[IainT]

The owner/copyright holder of any media can propose a penalty clause for any illegal use of the material by the licensee.

If the licensee refuses to honour the clause for any breach, The courts may choose to uphold the penalty or impose a lesser or greater penalty and make a judgement for enforced recovery of the penalty.Brainsinmedick wrote:

> Thanks Ian. What is the penalty clause and how is it
> enforceable?

[IainT]

I should have added the penalty clause can be whatever the individual issuing the licence chooses and by agreeing to the licence, the licensee also agrees to the penalty clause.IainT wrote:

> The owner/copyright holder of any media can propose a penalty
> clause for any illegal use of the material by the licensee.
>
> If the licensee refuses to honour the clause for any breach,
> The courts may choose to uphold the penalty or impose a lesser
> or greater penalty and make a judgement for enforced recovery
> of the penalty.Brainsinmedick wrote:
>
> > Thanks Ian. What is the penalty clause and how is it
> > enforceable?

[mibblefied]

I think it's a difficult one, I think "private" should mean for the photographer only, and non-published is stuff that won't be put online, but can be sold if the model consents.

I've bought stuff from photographers and from models directly, say for example theres a model/suicidegirl I like and have bought all the unpublished content of her from a photographer who has shot with her, this came with the very strict "Don't share or else". What the "or else" meant I don't know, I'm assuming i'm the only person he sold to and I'd like to buy from him again so wouldn't betray his trust.

I think it's important not to take the piss, firstly, if the model and tog are happy to sell unpublished stuff, great, the more they sell the more content they'll make, but if we do take the piss, the well will dry up, and nobody's happy.

[GTJames]

100% agree Mibblefied. I am choosy who I deal with, and I make it perfectly clear that if any of my material should ever surface, it will most certainly be the last thing they ever get from me, before legal action. I also wholeheartedly agree with IainT's comments above.