Kylie Minogue And Her Dodgy Management | Celebrity Photographer Stories

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  • Опубликовано: 21 ноя 2024
  • This video Harry discusses his shoot with Kylie Minogue. Kylie Minogue's management force Harry to sign away the copyright for his work for a measly £1.
    Hope you enjoy! check out Harry's website here: harryborden.com

Комментарии • 155

  • @stevenashmore4522
    @stevenashmore4522 27 дней назад +14

    The sad thing is not so much that you feel mugged, it's that someone, somewhere, feels great that they've mugged you. That's the misery of it.

  • @Just-SomeGuy
    @Just-SomeGuy 25 дней назад +12

    A very sad story. I did some freelance photos for Scania a few times and they then started trying to butter me up saying they wanted me to be their photographer for lots of events around the country, expenses paid. That would mean a contract though. That contract included them owning the copyright and paying me a fraction of what my normal rate would be. The kicker is that they couldn't even tell me or guarantee me how much work I would get so I could be signing up to one or two jobs a year and for a huge discount to them and they own the copyright. I politely told them to f off as I thought the deal was utterly insulting to my intelligence and my skills.

  • @superelectic45
    @superelectic45 18 дней назад +7

    "Just send it to my legal representative" is my stock answer

  • @ChrisWhittenMusic
    @ChrisWhittenMusic 6 месяцев назад +63

    A few harsh comments posted 😟 The thing is, presenting a contract minutes before a shoot is unethical and they KNOW it. Also, apart from anything else, why wouldn’t they want a gorgeous portrait of Kylie in the Australian Portrait Gallery, other than to refuse as some kind of power trip.

    • @fredandharryborden
      @fredandharryborden  6 месяцев назад +8

      Cheers Chris 👍 it's all good. It's interesting hearing everyone's opinions/experiences!

  • @secretgoldfish
    @secretgoldfish 6 месяцев назад +29

    I used to work in the art department of a well known record label in the mid 90's.......the legal folks there would ALWAYS ask me to get the photographers to sign away their rights just BEFORE the album covers were printed......I always conveniently forgot and when I left my job I remember cleaning out my desk draws and disposing of all the unsigned scummy 'contracts'. They always try it on, despite the actual law (while claiming ignorance). I worked as a photographer years later and whenever I asked for re-use payments (usually for the contracted models I had used when ads were re-run a year later) the relationships always soured or you quickly became quietly black-listed ie no longer deemed a supplier.

  • @charlesteton
    @charlesteton 5 месяцев назад +14

    Just found you channel! I worked on a shoot with Kylie Minogue, many moons ago, as an assistant. She seemed a really friendly person. Quite a few of the photos were nudes etc, I remember they were quite up tight, understandably about the images. I often kept Polaroids of lighting setups for reference, as some of the photographers who I worked with would tell me what type of lighting they wanted and I would setup from that. I kept quite a few from this setup. That night I lost my bag on the tube! I was shitting myself for months that they would somehow end up on the red top front pages. They never did. Yeah... Never sign away copyright, they were wrong to ask but you did not have much option if they mugged you at the shoot. I probably would have done the same. Regards, Charles

  • @spektralarchivar9047
    @spektralarchivar9047 5 месяцев назад +11

    I feel rage after watching your video and can relate so much... I turned down a few jobs because of such hilariously stupid and abusive contracts presented by managements. I bet in almost all cases the artist had no clue what their so called management is doing. In times of social media, please do NOT stay silent and spread your experience and make people aware. I have done so with a open letter and a few years later I could work with no strings attached on the show of this artist.
    I understand not everyone is in the position to make a sometimes economical difficult decision to turn down a job. But I am not aware of anyone who has benefitted from giving in to abusive contracts...
    Thank you for sharing your case!

    • @generalgrafx
      @generalgrafx 18 дней назад

      In the end the artists are paying managers to be assholes, so they don’t have to be assholes themselves. They are very well aware.

  • @jamesbruce
    @jamesbruce 26 дней назад +3

    I cannot tell you how unsettled this makes me. I am a small time photographer, and I cannot tell how many times over the years I have encountered similar situations, knowing that refusal to sign or give over images meant not getting the work again with a person or group. Dead sickening. Thanks for sharing the story. Beautiful work.

    • @Dreyno
      @Dreyno 18 дней назад +2

      If enough people had the knowledge or spine to refuse, they wouldn’t keep doing it.

  • @andif8
    @andif8 6 месяцев назад +8

    Top video! 1000 thanks for sharing your experiences!

  • @ThePhotographicEye
    @ThePhotographicEye 6 месяцев назад +7

    Great to meet you the other day Harry. Awesome video and interesting story there. Ofc along with lovely portraits

    • @fredandharryborden
      @fredandharryborden  6 месяцев назад +3

      Thanks Alex 😁 - it was great to meet you and thanks again for all the advice!
      -Fred

  • @pd1jdw630
    @pd1jdw630 6 месяцев назад +11

    She made millions but her manager made so much more.

  • @jnev785
    @jnev785 6 месяцев назад +9

    Never underestimate the value of agreeing a contract up front. I previously commissioned photographers and the agreement was always copyright was surrendered (and paid accordingly) but snapper could use them to promote their own business but not resell or assign copyright to others.
    Snappers got a fair price and we got control of something we paid for. No photographer should be bullied at the last moment to give up their rights.

    • @global001
      @global001 28 дней назад

      The photographer has bought all the equipment and skills to create the images which they should still own because no shoot ever pays the total cost of the shoot to the photographer. I agree with not selling the copyright to others however they should have the right to sell onto a portrait gallery or for other use as long as it doesn't diminish a brand. I give my clients full usage rights for perpetuity but will never give away copyright.

  • @andrewlunn
    @andrewlunn 21 день назад +3

    I've recently come across your channel and looks like you've had an interesting few decades behind the camera. It's interesting to hear your stories and I look forard to more of them

    • @fredandharryborden
      @fredandharryborden  20 дней назад +1

      Thanks a lot for the kind words. Plenty more on the channel, hope you enjoy :)

  • @neonnat
    @neonnat Месяц назад +3

    I've been a kylie fan since neighbours kylie an iconic 👑❤️your 📸 are iconic you deserve loads of credit and respect ❤ and appreciation

  • @danw.7483
    @danw.7483 Месяц назад +1

    These videos are the best!! What great stories you have to tell. Thank you and please make more, they are gold!

  • @anewcareerinanewtown
    @anewcareerinanewtown 6 месяцев назад +10

    My heart sank when you said you'd signed the contract - I really hope it gets resolved. By the way I just figured out what the £1 is "Under English law, consideration needs to be paid to make a contract valid. The reason for that is that both parties are meant to get value from a contract, it wouldn't be enforceable otherwise.". I used to get this when I did design work - working in-house I'd be given £1 for signing a contract.

    • @wildcall32
      @wildcall32 16 дней назад

      Under English law the pound doesn’t have to be paid. It’s the promise to pay it that makes the contract valid (it’s called ‘consideration’) not the actual payment. So the fact it wasn’t paid is irrelevant. Harry does have the right to demand the payment of the £1 though if he still wants to.

  • @andypritchard6243
    @andypritchard6243 13 дней назад

    Good man, I'm so pleased that you are able to say 'stuff you'

  • @kavanlake871
    @kavanlake871 5 месяцев назад +3

    That was quite clever at the end 😊👌🏾

  • @laurabrown4809
    @laurabrown4809 Месяц назад +1

    This is such a great video; thank you for sharing it and for your thoughtful and accurate advice. It's important to stand firm on these principles; I, too, have been in a situation where this happened, and I walked away. Have the confidence in your creativity to know that there's always another job and it is always best to work with people where there's mutual respect. Everyone else can do one 😂

  • @MMByoutube
    @MMByoutube 5 месяцев назад +2

    Great pics! It may have been good to have added some context that you will have been paid (probably a decent) fee for the shoot. If that was not the case, then not owning the copyright aswell would have been more of an issue. It's similar to other situations in the music industry where a remixes is paid a flat fee for his work, but the artist / label with then own the master recording of that as part of the contract, which I do see as fair. At least everyone is paid and the artist / label get to control what happens to the work they paid for.
    I'm also quite confident that Kylie would not have been aware of the opportunity to display the pic in the Aussie National Art Gallery. Unless there was other drama that went down that we are not aware of, and also having worked indirectly with Kylie myself in the past, she has always struck me as very fair and reasonable. Sorry to hear that things may have got messy with management for you. You did some great work there!

    • @fredandharryborden
      @fredandharryborden  5 месяцев назад +2

      Harry mentions in another comment he was paid £250 plus expenses!

  • @ArtDecoArtNouveau
    @ArtDecoArtNouveau 6 месяцев назад +3

    Really interesting channel, great photos and stories and a photographer who doesn't just exist on YT - thank you and subscribed!

  • @eltinjones4542
    @eltinjones4542 6 месяцев назад +5

    My wife, a former journalist knows all about this as a media employee
    It's definitely outrageous for a freelance photographer
    Stick by your guns 📷👍

  • @michaelhurley8958
    @michaelhurley8958 6 месяцев назад +6

    I've run into this situation or something similar. "You come and shot our event. We wont pay you but you can network and make contacts which will lead to your name getting out there. Which down the road is worth money to you." My answer in that situation has always a resounding no. They can pay me. I wouldn't call myself a "professional" photographer, I don't make a living at it. However I have had some paying work which has been nice. I've had people ask me to sell my copyright for next to nothing. My answer has always been no but I will license you the photograph for a period of time with conditions. The first being I own the copyright, second, you can't change nor edit the image without my permission. 23 years working in the legal profession gave me a better than average understanding of what makes an enforceable contract. Forcing you to sign or leaving you with the feeling of I have no choice but to sign. Not paying you. Yeah that's not an enforceable contract. I'm not the sharpest tool in the shed when it comes to business. But the situation you where in I'd have walked away. Clearly management had set you up on the day of the shoot to force you to sign your rights away. Ok, that's fine, after all it's nothing personal its just business. I guess on the day of the shoot they didn't need a photographer that badly after all. However I do understand how you may have felt that you didn't have a choice in the matter. So please don't take my comments as a criticism. In the past in other situations I've been exactly where you where. So I do get it. I came into photography late in life when I gave up my legal career and for use of a better phrase, reinvented myself. As a photographer I am an artist with an artistic vision. However it's also a business and I use a business model when I get paying work. As such I am very protective of my art and my artistic vision. One doesn't take away from the other but compliment and supports each other. After all, as a professional photography and artist, what you are ultimately selling is yourself and your brain. So what are you worth? If the "client" doesn't want to pay for your worth. Fine, bye.

    • @audioupgrades
      @audioupgrades 6 месяцев назад +3

      Funny. I started as a photographer, then became a lawyer. As a general rule, though, contracts are enforceable and it would take a lot to set them aside. In this case, I fully get what Harry did. It's better to bring these photos into existence and deal with the legal issues later. Generally, though, be very serious and careful about every piece of paper that you sign. Also, the £1 consideration is never actually paid, it's just a clause that is needed to make it a valid contract. Same thing with peppercorn rents.

    • @michael1
      @michael1 17 дней назад

      I think you're being a bit melodramatic to suggest anyone was 'forced' to sign anything or signed under duress in a way that would invalidate the contract on those grounds. If someone hires a photographer and wants them to sign over the copyright for the finished pictures that's a choice the photographer has to make, it's not a force, even if disagreeing would mean that they would choose another photographer (which is obviously a possibility - but it would be farcical to suggest this is 'forcing' people to do things. If you hire someone to make you a wedding cake and say "I want a chocolate sponge" and they say "No" you'll get a different baker - that's not 'forcing people to bake chocolate sponge cakes' is it?
      And making a decision in the past you later regret and then crying about it on youtube hoping for public sympathy is a bigger attempt to 'force' and 'manipulate' a business arrangement by trying to get negative publicity for the artist involved than anything Kylie's management did. Lastly stating that someone has committed a crime is slander, so claiming to have been 'mugged' and that they 'effectively steal' copyright that you willingly agreed to and signed a contract is the only legally questionable thing here - as is ignoring that contract or trying to find loopholes to wriggle out of it. I don't know whether I'd ever enter a contract with Kylie Minogue but I definitely know this photographer cannot be trusted, legally, ethically or morally - because that's what the video is telling us "I don't care about contracts, I'll smile and sign a contract and then accuse you of coercion and theft years later and I'll waffle as though taking a few snapshots of a pretty girl in front of a wall is the height of artistic and creative genius" - Get over yourself perhaps and take responsibility for decisions your past, younger self made even if you regret them now - these should be the lessons.

  • @chnoack
    @chnoack 6 месяцев назад +4

    Absolutely astonishing photos. It‘s a pleasure to see them and to hear you telling your story without any hate towards Kylie Minogue. And the nice plot twist at the end, also.
    I’ve got a question which is quite off-topic: I love your shirt. Where did you get it?
    Cheers from Dortmund

    • @harryborden
      @harryborden 6 месяцев назад +1

      Thanks! It's a British design called @waxlondon
      .

  • @057rcbartman
    @057rcbartman 6 месяцев назад +2

    Fascinating insight and well presented, Thank you . i know exactly where you would be coming from.

  • @sadshoe
    @sadshoe 6 месяцев назад +8

    Great video and the photos are world class as ever

  • @DavidStella
    @DavidStella 6 месяцев назад

    I'm sorry that happened to you. And thank you for sharing your story. Goes to show that photographers should always be alert for these types of sharks. It may or may not be a celebrity but it can happen to anyone, including a 40-year pro. All the best to you, hope it all works out.

  • @stefanobuga
    @stefanobuga 5 месяцев назад +6

    Your videos are so inspiring and helpful for all of us photographers. I hope you won't stop doing them.

    • @fredandharryborden
      @fredandharryborden  5 месяцев назад +1

      Thanks a lot for the kind comment. We really enjoy making them, no plans on stopping! New video every Monday 😁

  • @christriance-martin2168
    @christriance-martin2168 6 месяцев назад +5

    I'd love to know what she thinks about it. I'm wondering if she even knows.

  • @HitEmUpru
    @HitEmUpru 5 месяцев назад +2

    I'm a Kylie fan, amazing work, thanks! Can we get a full contact sheet preview of this photoshoot? for fans

    • @fredandharryborden
      @fredandharryborden  5 месяцев назад

      Give me an email we should be able to sort something out! Fredanningbo@gmail.com

  • @Hatnap22
    @Hatnap22 5 месяцев назад

    Fantastic video and every photographer should be grateful that you shared this painful memory & lesson. Up to recently as an employed photographer all images created are indeed copyright of my University & that's the law. What annoyed me was their hap hazard way of crediting my work. Sometimes I was credited, sometimes not. Sadly these days I've noticed more & more photographers work goes un credited.

  • @KristianDowling
    @KristianDowling 6 месяцев назад

    I absolutely love every word in this video and as a former celebrity Photographer I can concur and truly appreciate what has happened here from my own experiences and happy with the message that is so prevalently powerful in this video

  • @zebeho
    @zebeho 5 месяцев назад +8

    This is soo sad, your portrait of Kylie & Michael Hutchence are really beautiful and should be apart of the Australian National Image… Kylie will probably see this and do the right thing

    • @jglover4444
      @jglover4444 9 дней назад

      You should be so lucky...........

  • @1_5RCBiker
    @1_5RCBiker 6 месяцев назад +11

    The music industry. Full of sharks since they worked out how to extract money from it.

  • @picturemaker
    @picturemaker 6 месяцев назад +2

    Kylie likely knew and knows nothing of this. If the management never paid you the £1 then you can sue them for breach of contract and then claim compensation for all the years of use.

  • @markyork5839
    @markyork5839 6 месяцев назад +6

    Well Harry, at least you admitted it yourself - you were a mug for signing away your copyright on those pictures. And you also admitted that you thought it might result in a trade off that would work to your benefit, long term. Alas, and no surprise really that it didn't. I must say that photographers in your position do need to make a stand and tell these lacky PRs and 'artist management' that think they control everything, that no, a photographer's copyright is not up for grabs, and certainly not for the token sum of £1. It shows a deep lack of respect really.

  • @photoray002
    @photoray002 6 месяцев назад +2

    Great information and thank you for sharing. I'm sure she knew what her manager was doing and very well went along with it. One could say she knew nothing about their business practices, but one could also say it was her request to her manager also. I was curious if they at least gave you credit in her La La La book? Anyways, I am now subscribed. Thanks.

    • @harryborden
      @harryborden 6 месяцев назад

      Thanks! I think I saw a credit when I saw a copy of the book at a car boot sale. 🙂

  • @ehsankiani
    @ehsankiani 5 месяцев назад +1

    Very very important advice there for us photographers.

  • @EnhancedFocus
    @EnhancedFocus 21 день назад +1

    Awesome , they didn’t pay you the 1 pound , contact null & void - love it , sorry Kylie,nothing personal - well done sir😂
    thanks for sharing your learning👍

  • @johnblunt1834
    @johnblunt1834 6 месяцев назад +2

    Well; considering who the person was, I'm shocked (I, 70yrs, take photographs, the best I can, for fun.). A small plus point for you with this story, after looking at your photos. I admire your skill, a lot!!

  • @ivanvasilev2092
    @ivanvasilev2092 13 дней назад

    Very cool!

  • @Scottie_McNaughty
    @Scottie_McNaughty 6 месяцев назад

    Best video I've watched all week

  • @kruczeprojekty
    @kruczeprojekty 5 месяцев назад +1

    Only a photographer can understand exactly what you are talking about :) In a photographer's work, a lot depends on relationships and good intentions, unfortunately this is often exploited by tricksters from the industry, of course, over time, "you are" become more resistant, which does not change the fact that the specificity of certain people's actions does not change changes... Good story

  • @global001
    @global001 28 дней назад

    I've done things on shoots like this to keep the atmosphere Gutted doesn't cut it. This isn't as bad as your experience however I had a prospective client (makeup brand from Dubai), tell me last year, after long negations and her receiving a lot of free photographic consultation, that I needed to sign away the copyright of my images to her without a fee. I had already given her free usage rights for perpetuity with the exception of large campaigns which could bring in large profits. I refused for the same reasons you describe but gave her an option to buy them for a reasonable fee - she cancelled the shoot. They play on your significant investment of time and not wanting to throw the job away. I am glad I did. The attempted mugging and arrogance played on me for sometime. Loosing out on the Australian National Portrait Gallery for Kylie is a kicker. At least you have Micheal Hutchence in there. Celebrities need to challenged like you have, it would be worse for their reputation if it went to court.

  • @arricammarques1955
    @arricammarques1955 13 дней назад

    It a mugs game that worked against your favor.

  • @enricomarconi8358
    @enricomarconi8358 23 дня назад +1

    No.. any contract signed under duress is null and void. Nothing to do with money mate.
    Hope you learned the lesson.
    Never give up copyrighted work. Ever!!

    • @fredandharryborden
      @fredandharryborden  22 дня назад

      Preach it! Its so important for new creatives to learn the lesson

  • @generalgrafx
    @generalgrafx 18 дней назад

    If you can prove you where kind of “blackmailed” into signing the contract, you could have a judge rescind the contract.

  • @garysmith3173
    @garysmith3173 18 дней назад

    Led zeppelin manager did this to Knebworth festival organisers,according to their book,over video copyright apparently in 1979.Offered them something ridiculous like 50p. It was later challenged in court. The judge said the original offer was so low the agreement was obliviously coerced and signed under duress.Knebworth won the case.

  • @rodprod8522
    @rodprod8522 26 дней назад +1

    They may have lost the contract document too - only one way to find out!

  • @tomtrevatt3286
    @tomtrevatt3286 5 месяцев назад +1

    Yes mate!

  • @lfo2vco
    @lfo2vco 14 дней назад

    From my own observation it would seem that the corporate world increasingly takes liberties with the creative world on many levels. Creatives enjoy what they do and take pride in their work and sadly this makes them all to often an easy target for greedy corporate manipulation.

  • @Ex-it
    @Ex-it 19 дней назад

    If i lived in a celebrity world, i wouldn't hire a photographer who kept the rights to the pictures.
    To pay a photographer for a shoot, to me, is a one-time job. Not a forever making money for them from the shots.
    The difference would be if your hiring the photographer as an artist. Meaning you want the clout the photographer has. This photo was done by devinci! Then the photographer keeps copyright. The client is paying for the photographers name, and that photographer has every right to make extra money from the photos. It's their art.
    To hire someone for publicity shot, posters, concert advertising, and books. No one else should have rights to those photos.

    • @fredandharryborden
      @fredandharryborden  19 дней назад

      Most people hire Harry for his name. Goodluck getting any photographer who knows his worth to sign away his rights.

  • @ThePhotofit
    @ThePhotofit 5 месяцев назад

    Kylie should be so lucky it was you who photographed her.

  • @earlfenwick
    @earlfenwick 21 день назад +1

    It's so totally wrong. Though I never shot at this level, I found that I never felt better than when I walked away from a job.

  • @pontredreal01
    @pontredreal01 5 месяцев назад +1

    Kylie Minogue

  • @jdh6752
    @jdh6752 Месяц назад

    Kylie has been photographed by some of the biggest photographers in the world, including Rankin, Avedon, Leibovitz, Testino, Bert Stern, David LaChapelle, Ellen Von Unwerth... everyone really. And every one of them have been on the condition that she retains the image rights. She's done shoots with the biggest magazines in the world, and even owns the rights to all those images. Her 1st manager (Terry) and father (accountant) had incredible foresight and were extremely canny right from the start of her career.
    Although I can appreciate it is frustrating for photographers, imagine how important it is for someone whose image plays a large part in their career to have photographic approval and not have to worry about outtakes appearing here there and everywhere through the years. Anything unofficial such as calendars, biographies, documentaries, etc. have to use paparazzi shots instead of anything from her photoshoots, which makes perfect sense from a business and image control point of view. And it also immediately distinguishes what is and isn't official.
    On the plus side, Kylie is one of the most genuinely lovely people you could meet, and a photographers dream. She's a chameleon who is always up for almost anything.

    • @fredandharryborden
      @fredandharryborden  Месяц назад +9

      It is completely fine if an artist purchases the copyright for a set of images but it should be agreed upon before hand and not demanded under duress. Kylie was lovely and a pleasure for Harry to photograph but her management at the time (which she has now left) pulled this stunt which is frowned upon. Harry has had multiple subjects purchase the copyright for 5-figure sums. Offering/demanding one pound is unacceptable, even more so on the day of the shoot.

    • @generalgrafx
      @generalgrafx 18 дней назад

      What is your source regarding the other photographers and more important, what is your point? If you own the copyright of a portrait, that doesn’t mean you can (commercially) publish it without consent of the portraitee.

    • @jdh6752
      @jdh6752 18 дней назад

      @@generalgrafx Are you calling me a liar? Also, Kylie has now published three fashion books which have utilised hundreds of studio photographs from all throughout her career. As Harry says in this very video, he was notified by Kylie's team that one of his photos was going to be used in such a book, but that was just courtesy and they didn't require his consent.

    • @generalgrafx
      @generalgrafx 17 дней назад

      @@jdh6752 It is very unlikely that world famous photographers all relinquish their copyrights and since you are not coming up with a source, I’m taking your claims with a grain of salt.

    • @888bangthory
      @888bangthory 5 дней назад

      @@generalgrafx obviously we’re not privy to the terms and conditions of individual contracts, but it’s common knowledge that Kylie retains the copyright to official images through her publishing company Kaydeebee, if a photographer were to retain copyright it would be an anomaly with someone she trusts deeply

  • @kennymcleish
    @kennymcleish 6 месяцев назад +1

    I often wonder how diligent they are in keeping the contracts.

    • @audioupgrades
      @audioupgrades 6 месяцев назад +1

      When you sign a contract, always assume that it is valid and will be enforced. The biggest practical problem if you have signed your copyright away, is that you can be sued for a cease and desist order and retroactive royalties, if you use your own work. It's quite cruel.

  • @FoyersPhotography
    @FoyersPhotography 6 месяцев назад +1

    sage wisdom

  • @audioupgrades
    @audioupgrades 6 месяцев назад +4

    If Harry could choose again, with what he knows today, would he still sign the contract or refuse and walk away from the shoot?

    • @harryborden6077
      @harryborden6077 6 месяцев назад +4

      I think I'd still do the shoot. I knew back then I was signing under duress and had no intention of giving them my negatives. ;-)

    • @fintonmainz7845
      @fintonmainz7845 21 день назад

      @@harryborden6077 in that case you have no right to complain.

    • @harryborden6077
      @harryborden6077 21 день назад

      @@fintonmainz7845 I'm not really complaining. Just trying to help young photographers navigate creative minefields...🙂

    • @starcaster
      @starcaster 21 день назад

      @@fintonmainz7845Mean.

    • @generalgrafx
      @generalgrafx 18 дней назад

      @@harryborden6077 Without the contract, wouldn’t you still have needed permission form Kylie to hand her portrait over to the National Gallery?

  • @BeareTube
    @BeareTube 6 месяцев назад +2

    If I paint a picture of you, do you own the picture?

    • @harryborden
      @harryborden 6 месяцев назад +2

      No, even if you sold me the physical picture, that's not a transfer of IP. 🙂

  • @o.aldenproductions.9858
    @o.aldenproductions.9858 6 месяцев назад

    The one who presses the shutter is the owner!

  • @MarthaMansbridge
    @MarthaMansbridge 6 месяцев назад +1

    I half understand but equally, you’re asked to come and photograph someone - I’ve never know the photographer own the whole thing? It’s like someone photographing a wedding and owning it all - doing what they want with it wherever and whenever they want - everyone would agree that would be incredibly odd, no?

    • @fredandharryborden
      @fredandharryborden  5 месяцев назад

      Thanks for the comment. The photographer always owns the images. People just purchase the rights to use it. Like a similar comment said "If you paint a painting of someone, does the subject then own the painting?".

  • @robertdnero2217
    @robertdnero2217 Месяц назад

    The older I get the more cynicism creeps in. I'm so sorry you were put in this position.

  • @stuartbaines2843
    @stuartbaines2843 6 месяцев назад

    Never surrender Copyrights ✊

  • @MichaelGlennglennimages
    @MichaelGlennglennimages 6 месяцев назад +2

    Should have said. Ok. Then she can leave now.

  • @artursandwich1974
    @artursandwich1974 6 месяцев назад +4

    Awful... BTW, these are great photos - Kylie, AND Michael. If I were the Australian museum I'd definitely want them too.

  • @MichaelGlennglennimages
    @MichaelGlennglennimages 6 месяцев назад +1

    If they never paid. Then there is no contract. And they owe you a lot of money.

    • @generalgrafx
      @generalgrafx 18 дней назад

      BCS only from the past six years.

  • @gengarrules777
    @gengarrules777 5 месяцев назад +1

    #freekylie

  • @Canoneosmiami
    @Canoneosmiami 6 месяцев назад

    It’s really messed up that celebrities abusing photographers like this …

  • @Verdoux007
    @Verdoux007 6 месяцев назад

    If someone did that to me, I’d probably just walk out. But then again, photography is just a hobby for me. Pros probably have to kiss up a bit to keep working.

  • @howardtyler7
    @howardtyler7 6 месяцев назад +4

    It probably wouldn’t stand up in court,even if you’ve signed it!
    The pictures are still your intellectual copyright!

  • @dominicdavies2605
    @dominicdavies2605 6 месяцев назад +3

    There was an occasion when receiving a courier parcel with a brief for a photography project , the courier asked me to sign for it , it turns out it wasn't just for receipt for delivery but by accepting it I accepted the terms of the shoot. ( in a nutshell they owned everything ) not only corrupt but they got the poor courier to do the dirty work . Sent it back unopened

    • @thebenedit
      @thebenedit 6 месяцев назад

      Ooooft! That is sneaky!!

    • @thebenedit
      @thebenedit 6 месяцев назад

      Ooooft! That is sneaky!!

  • @ThoughtFission
    @ThoughtFission 6 месяцев назад

    Great video. Why not go after them for the proceeds of the book and any other money made off your photos?

  • @COMEINTOMYWORLD
    @COMEINTOMYWORLD 4 месяца назад +3

    Great video. Surely if you've been employed to photograph someone you get paid (I hope) for your effort but I wouldn't expect the photographer to own the copyright. You wouldn't expect a film director to own the copyright of a film just because they shot the film. Steven Spielberg doesn't own the copyright to Jaws just because he shot every scene. Universal Studios do. Whoever employed the photographer / film director would obviously own the material. Of course as this is a contract / employment law issue then the obvious tatic would be to decline signing such a contract you don't agree with it. I work in a small factory making glassware and yes I create the pieces but my employer obviously owns the copyright as they employed me under a contract. Keep up the good work x

    • @fredandharryborden
      @fredandharryborden  4 месяца назад +2

      Thanks for the comment! As Harry mentions at the end, the copyright laws only protects you if you are working self employed (not under contract for a company). Like someone else commentef: if a painter paints a portrait of someone you wouldn't expect the subject to own the painting!
      Thanks again!

  • @nicholASrosser-u9p
    @nicholASrosser-u9p 4 дня назад

    KYLIE IS NOT RESPONSIBLE FOR THAT I MET HER AFTER SHE LOOKED AT SOME IMAGES OF MINE in Knightsbridge - London - BUT HER MINDERS ARE JUST AWFUL -kYLIE WAS FULL OF ENERGY AND FUN...but the minders were an awful bunch

  • @SaltyFeral
    @SaltyFeral 2 дня назад

    You should have refused.

  • @neonnat
    @neonnat Месяц назад

    £1 pound 😱 can't you claim copyright for your iconic 📸 it's artistic creativity

  • @cameracameras
    @cameracameras 6 месяцев назад +2

    For me, it would all depend on the fee for the shoot. Also, how regularly they are. The subject is in many photographs more interesting than the photographs themselves.

    • @harryborden
      @harryborden 6 месяцев назад

      The Observer paid for the shoot. (about £250 plus expenses!)

  • @wildone106
    @wildone106 6 месяцев назад +1

    Its all about WHO you shoot. No one gives a toss about the photographer. I find these even on IG. If you don't have a following most models/girls wont even acknowledge you exist.

  • @boomboxk9719
    @boomboxk9719 5 месяцев назад +1

    Typically, contracts are finalized and agreed upon well in advance of the shoot day rather than being signed and agreed upon on the actual shoot day itself.
    I can empathize with the artist's desire for complete copyright ownership. During Kylie's early days on Neighbours, she had no control over the use of her photographs. This resulted in unauthorized resale of her images and the mass global production of various unofficial merchandise, ranging from mugs, pillow cases, and duvet covers, lunch boxes, scrap books, posters, badges, fake nails, unofficial biographies all featuring her name and face and sold at markets, independent stores and newsagents - globally. It was unfair to the artist, as others were profiting from her image without her consent. Eventually, Kylie's management rightfully took control of her image to prevent such exploitation, putting an end to photographers and agencies reselling her image for a quick buck. Just imagine companies worldwide exploiting your image and using your face to make money through various means. From your experience, it is possible that your situation could have been handled in a different manner. Nevertheless, it remains logical that you should receive payment for the work completed on that day, allowing both parties to part ways contentedly. Ultimately, it’s her face, and she should have full control of those images on how they’re used in the future.
    Also, Photoshop and Adobe Illustrator were around well before 1998 as I was studying it around that time.
    The takeaway in all of this is that don’t sign something that you don’t fully agree with and end up regretting.

  • @shaunhoward6838
    @shaunhoward6838 6 месяцев назад +6

    Kylie's the QUEEN 👑💯 I don't think she'll care u putting this video out or pictures... She's probably forgotten the shoot tbh 😂 #PadamPadam

    • @fredandharryborden
      @fredandharryborden  6 месяцев назад +3

      Haha yes - we are banking on it!

    • @jenniferkerr6782
      @jenniferkerr6782 6 месяцев назад +2

      I have found before, the artist has no idea . I’ve brought it up before on a later shoot and Artist told me they had no idea their mgmt was issuing rights grabs on the spot. One was appalled.

  • @cd8190
    @cd8190 5 месяцев назад +1

    I find it interesting that a photographer being paid by an artist or performer to produce images of that person automatically has the copyright, but a worker who develops ideas into products does not. There seems to be a disconnect here, surely either both deserve the copyright or neither does. There is the other dimension though of the artist surely they have a real claim on their image and photos of themselves as they are a brand and their image is their trademark and therefore that is their copyright, especially when they are not taken in a public place and I doubt the photographer did this shoot for free.

  • @247snob6
    @247snob6 5 месяцев назад

    I Really Like Him!! Just waking up. This popped up. Watching. Seconds into it...I Like Him!
    Maybe it's the real tone or??? (I didn't read the comments. Grazed one that says theirs some negative. (Shocking! People with something negative to say when they have no dog in the race. This irritating, knee jerk reaction over feeling...hearing something that's real. An experience that's not corporate cleaned with insincere suger?) OFF TOPIC.... fell in love with this guy! Dying to work with...or have drinks and pick his brain, Swap stories 🖤⚡️❤️‍🔥🥂

    • @247snob6
      @247snob6 5 месяцев назад

      .....I've wondered for years....if "they" are aware of Alot of what's going on...tiny chuck w her for instance. Art, celebrity, touching people? Whooo knows. I know a part is money! And im sure knowing somewhere in the chain is sometimes impossible to purchase online. Music is a MF'er to purchase. Merch. Like jumping thru fire...(to purchase a 60...90 +++ dollar tee!) I'll go with "it's the times"...however. if im having a negative experience. AND im not being negative...but if im experience. Then others are!! And, i literally, i just walk away. New email comes (a new Drop...tee. single.?? something. I just delete the email.) WORKING in "the world" seeing meetings over meetings over just a "PENCIL"! The experience is effected. And So Are the Sakes (dumd for instance...padum. i bet 8 times i tried to purchase it...nope. till i just walked away. Practically anything ive had (98.9%) to do with LIVENATION. was unnecessary WORK!...to where again. I just walk away. Im one of...it adds up. They like sakes...numbers. "charts" meanwhile....wonder if they know. Blah blah blah

  • @patrickdixon4945
    @patrickdixon4945 3 месяца назад +2

    If you didn't get the £1 you should sue her for your share of the proceeds from 'her' book.

    • @fredandharryborden
      @fredandharryborden  3 месяца назад +1

      I mentioned this to Harry, he isn't sure its worth the time!

    • @Bubble-Mix-96
      @Bubble-Mix-96 2 месяца назад

      I bet Kylie never even knew about it

  • @TerenceA72
    @TerenceA72 15 дней назад

    The take away from this video is you're not happy with a contract you clearly understood and still signed. I don't see how you were forced to sign away anything. Your idea of under duress is being asked to sign a contract and you signing it. If you didn't want to that's 100% on you! You said when you were asked if the images could be used you remembered the contract, you know the one you signed. Unless you're claiming you were physically forced to sign the contract I don't see how this is anyones problem or concern but your own. Yeah dodgy Kylie not wanting idiots like this in charge of her image, what is she thinking. It's almost like she's spent decades carefully cultivating an image or something. If you signed your work away for £1 then £1 is exactly how much you think your work is worth, If you didn't get paid the £1 you think your work is worth you're a bigger idiot than I can put in to words.

  • @jpdj2715
    @jpdj2715 6 месяцев назад +3

    I'm sorry but when such haggling happens during a shoot, then you, bluntly put, have been naive beforehand.
    I hasten to add that the celebrity's "management" really have blundered, on the scale between manage and lead they are beyond "manage" in that they have not managed to do a great job.
    In my country, citizens have some protection against their own stupidity but in business there is none. And, here, the one who pays has the Intellectual Property (IPr) UNLESS agreed otherwise beforehand. A photographer, here, loses IPr by being employed as photographer with all work done during work hours or of situations that may be interpreted as work. The shutter release pushers however retain the right for their name to be attached to the IPr for as long as IPr lasts.
    The right to make copies and the right to publish are really separate from all this and should be contracted as different subjects, irrespective of laws that may have an opinion on this.
    I make special mention of the right of scientists and journalists to quote your work without permission and compensation - only in the context of their scientific/journalistic work. This is similar in many countries and we see this being used by a bunch of "reaction" channels in YT. Abused a lot.
    I also make mention of the right to make a copy for personal use (in my country) but that was never intended for me having your work now allowing a third person to make a copy. Its is only for me. This is abused a lot.
    And there is the right in my country to make new artwork as "collage" using without permission the work of others and resulting in IPr for me as "creator" - the condition is that the original artwork cannot be recognised any longer. Again violated a lot in YT and the basis of loads of channels that make videos by making a collage of the IPr of others,sometimes retelling the same story as originally told, only now with different video takes or different voices or both.
    It is also important to understand that publishing a photograph of, say, a designer's dress on a person we shoot, means that we publish that dress designer's art work. Or a shoot is under direction of an art director, uses a stylist, a MUA, etc.
    All these may need mentioning of their names in publication. We cannot say in many cases, I pressed the shutter release so the IPr is mine and mine only.
    A counter-example of these limitations, IMO, is where a new architecture (building) is erected in view of public space and guards walk around to prohibit you from taking its picture because the IPr would not be tours. Well, once you place a building in public space or sight fro public space, you have placed it in the public domain.
    Again, in this last case too, the right to publish is not the same as the right to shoot. There may be reasonable interests that uphold in a court of law, but in this case that largely depends on the quality of one's lawyer to argue the IPr away from public domain.

  • @raykearney1472
    @raykearney1472 6 месяцев назад

    Try asking if they will give the original recording of her latest songs and see what happens. It seems to be acceptable for the photographer to give up their work for a mere pittance and these multi-millionaires want all the images for nothing. 😡😡

  • @mikemiller5052
    @mikemiller5052 6 месяцев назад

    Should I have heard of this girl?

    • @Liampaul95
      @Liampaul95 5 месяцев назад

      She’s amazing

  • @johnny5805
    @johnny5805 6 месяцев назад +3

    There's some satisfaction to be had noting that Kylie these days, looks old enough to be Harry's mum.

    • @shaunhoward6838
      @shaunhoward6838 6 месяцев назад +2

      She doesn't look old, she looks great now days

    • @fredandharryborden
      @fredandharryborden  6 месяцев назад

      I'm sure Harry would love to hear this 😂 thanks for the comment!

    • @looptimelapse
      @looptimelapse 6 месяцев назад

      @@shaunhoward6838 she's white budd and no amount of good lightning and/or make-up gonna hide the fact, that she looks the age she is. No harm in that

    • @shaunhoward6838
      @shaunhoward6838 6 месяцев назад

      @@looptimelapse she's still hotter then black Oprah

    • @shaunhoward6838
      @shaunhoward6838 6 месяцев назад

      @@looptimelapse what's white got to do with it 😂😂😂 Kylie's still sexy ASF, and still hotter then Oprah Winfrey is at 55 👌💯 😂

  • @technodiscolovers9050
    @technodiscolovers9050 5 месяцев назад +4

    Kylie has done this on all her shoots since 1990, she would buy all the shots taken on the shoot, keep the ones she liked and cut up and destroy the rest. Her brand is very protected which I think is incredible and very interesting.
    ℗© 1988 KDB PTY

  • @rcordiner
    @rcordiner 6 месяцев назад

    For being such a big shot, how come you can't expose your own video correctly 😂

    • @fredandharryborden
      @fredandharryborden  6 месяцев назад +4

      Its me who does these videos - It's my Dad talking. Thanks for the advice though!