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That Tenancy agreement refers to 'Valuable Consideration' i.e. you pay for it. In the Taylor Swift authorisation form, they refer to permission to be there as the consideration.

Personally, I don't think just being there to do what you were intending to do is sufficient consideration to make it a contract.


Steve.
 
Steve Smith said:
That Tenancy agreement refers to 'Valuable Consideration' i.e. you pay for it. In the Taylor Swift authorisation form, they refer to permission to be there as the consideration.
Personally, I don't think just being there to do what you were intending to do is sufficient consideration to make it a contract.
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Lush J. in Currie v Misa (1875) LR 10 Exch 153 referred to consideration as consisting of a detriment to the promisee or a benefit to the promisor:
"... some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other."
Note use of the word "right". it doesn't have to be cash.

Chappel v Nestle established chocolate wrappers as being sufficient consideration.

Sorry, but IMO you're totally wrong on this one.
 
I really don't care if I am right or wrong. I'm just questioning it.


Steve.
 
Steve Smith said:
No. But I am very much in the habit of questioning things. If someone tells me I can't do something, I want to know why. Either that or I go and do it to prove that I can (or can't).

We should question a lot more than we do rather than the more common response of assuming everything is as it should be and just complying with it.

And I wasn't really advising others to do anything.


Steve.
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yes but surely even you would question such a document BEFORE you considered signing it, wouldn't you?
 
Contract or not is immaterial as surely, working on a previous posters view of the industry, you would be so snowed under with work, schmoozing and networking to be able to afford any legal outcome:exit:
 
the problem with questioning it is that they just say those are our terms take it or leave it, if you elect not to shoot it then its no skin off their nose because there are plenty more who will - if everyone refused to shoot it on those terms they'd have to change it, but realistically that will never happen
 
viv1969 said:
yes but surely even you would question such a document BEFORE you considered signing it, wouldn't you?
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It would depend upon why I was there. To me, it looks like a bit of legal wording which is designed to discourage freelancers who would rely on licencing whilst being of little detriment to a photographer employed by a magazine (for example) who is there to get a photograph to illustrate an article in the following month's issue.

Then there is always the option of crossing out the bits you don't like!


Steve.
 
Steve Smith said:
Then there is always the option of crossing out the bits you don't like!
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Indeed, although trying to negotiate contract clauses with security staff seldom leads to a happy or productive conclusion.
 
Steve Smith said:
Buy him a beer.
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Tut tut. Not only does he probably not have the authority to negotiate contracts to begin with, you intoxicate him and offer him a bribe too?

He's clearly acting ultra vires and any contract amendments approved by him are thus voidable. m'lud.

Now, about my fee....
 
I've worked for free in the past, it didn't bring me anything else other than the offer to do more work for free. Some of it I didn't mind, it was interesting, gave me ideas, brought me forward in my work.
I did once take a series of photos of a celebrity when on holiday. Local paper wanted them for free, would give me credit, no budget.
Long story short, by saying no the photos got sold to a large picture agency that syndicated them around the world (and probably made lots), however paid me a large sum of money for them.

Every object has a value, every service has a value. What that value is is debatable
 
Byker28i said:
Every object has a value, every service has a value. What that value is is debatable
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I agree. Sometimes that value is not monetary.

The weekend before last I worked four 15 hour days in a row for free for our local arts centre. I did it because I wanted to. Plus they have lost their Arts Council funding and I wanted to help them out and not see them disappear.


Steve.
 
and that is commendable Steve. In some ways also more likely to bear fruit in the future as those people will remember you and possibly offer you free gallery space or tell their friends about your services etc, plus it will give you a feeling of having put something into it which is always rewarding. Unlike the feeling you would get if you gave something away and they just made loads of money from it with nothing coming back.
 
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