Copyrights transfer

[Franco Tirado]

A few yrs ago my friend Taylor befriended this old timer photographer who was almost homeless here in the Bay area.

Sadly this photographer has got no close family. Zero brothers or sisters, no kids, and a few cousins that only had come to him when ever there is the smell of money or if he wins the lottery.

This photographer has got some cool iconic images of some top dead and alive celebs.

Taylor has been trying to help this old photographers for several yrs now including helping him pay his rent or to buy food.

A couple yrs ago Taylor went to NYC and showed his work to some art gallery. One of the gallery love the work and since then has been selling some of this photographers work.
So every month they get a few checks here and there raking in $600-$2000 from the sales of his images. The gallery takes 50% and Taylor and the photographer split the other evenly after all the expenses: lab prints, shipping, handling etc has been paid. The


This old photographer is clear that none of this would have been possible without Taylor's help and the old photographer aware that if he passes away a cleaning crew would come to his low rent apartment to clean the whole place and probably tosses all that valuable archives into the trash. So this photographer wants my friend Taylor to keep those negatives at his place. And also he wants Taylor to keep those negs in his possession and its © the day that he dies.

What is the best way for Taylor to get the © now while this photographer has a sound mind? Get a contract making it clear of the copyright transfer and have it notarize? This photographer is not in a great physical health and rarely leaves his place.
So that means that Taylor would have to bring a notary public person and an witness to be present when all is signed?
Also there is a catch, this old photographer signed a contract with a photo news agency two yrs ago so they could sell his images to magazines, commercial and any editorial usages except for fine arts which is what Taylor has been doing for the old photographer.
THis photo agency doesnt own the © to the images but it does have a firm grip with a contract.
The contract says that the agreement will be valid from the signed day, and that the term shall automatically renew continually for a one year period. Unless either party request finishing it on writing at least 60 days before the expiration day.
Taylor would like to do this since this agency has got the best interest for them instead of the old photographer and if they sell any images to a magazine they are keeping 70%. Taylor found another agency that is wiling to sell the photographers work at a take of 50% each which is a win/win for every body.

My friend Taylor explained to him that this is not the best contract for him at all and now the old photographer understands it. The agency has a clause saying that he may not license his images or anything similar to any client, agent, or any selling organization until the agreement has terminated.

Terms also states that photographer can't assign its rights and obligations (by rights are they talking about © or the rights of this contract?) under the agreement without the prior written consent of the photo agency which consent will not be unreasonably withheld. Also says that photographer may assign the agreement, after prior written notice to photo agency for the sole benefit of photographer or his immediate family without obtaining prior written consent from named photo agency.

Well my friend is not an immediate family but is the closest thing this old photographer has got right now.

Can this photographer terminate the contract even if the 2 yrs from the day of signing the original contract has not arrived? I mean can he do it at any time?
This photo agency also has got worldwide, exclusive right to distribute, sell, rent, reproduce publish, etc etc He cant even use any of his images for a photo book to promote his own work without him getting permission from this agency.

What is the best way to rescind to this ONE WAY contract? Should my friend Taylor first obtain the © transfer from the photographer?

Any help?

Thanks