| Photography Forum: Philosophy Of Photography Forum: |
 |
Q. Allocation of copyrights
Asked by Hugo de Wolf
(K=185110) on 6/20/2006
|
Hi people,
A quick question. I'm closing a deal to shoot a number of portraits of "famous" authors for a book. The prospect, however, wants to retain the copyrights on the photos, claiming it would simplify the arrangement with their sponsor, We agreed on exclusivity rights and usage rights. Here's what I would like to know:
What are the pro's and con's of retaining the copyrights as photographer?
Thanks,
Cheers,
Hugo
|
|
|
|
|
|
|
Doyle D. Chastain
(K=101119) - Comment Date 6/20/2006
|
Great question Hugo. I have done some work on the print side of this issue (not photos). There are a variety of levels of copyright. On written work, I have seen first serial rights, for example, which gives the publisher first use but not subsequent use other than in the same format as the first use. The holder then can shop the work out to others. Authors rarely release all rights.
Not being an attorney . . . so don't take this as gospel truth (and certainly not as legal advice), I would think that releasing the copyright entirely would prevent you from ever publishing the photo again, in any form, without permission and, possibly, payment. I am unfamiliar with exclusivity rights . . . but usage rights would seem to be a given in all cases. I'll watch this string . . . let us know what you discover.
Regards,
Doyle I <~~~~~
|
|
|
|
Jeroen Wenting
(K=25317) - Comment Date 6/20/2006
|
If the customer retains copyright that means you can never use the photos yourself for anything (unless you strike a deal allowing you limited use, say for self promotion only).
It's the way IP rights are usually handled in many industries (as you're of course aware, working in product design).
The subjects of your photos are likely worried (and justifiably so) about the possible use of their photos for commercial reasons without their consent.
|
|
|
|
Hugo de Wolf
(K=185110) - Comment Date 6/20/2006
|
Hi Doyle, thanks.
That's one of the things I worry about. If I concede in giving the copyrights to my prospect, I'll prevent me from using the photos, and I don't want to go through the hassle of having to ask every time...
What I mean by exclusivity rights is that the photos won't be used in any other type of publication by a third party without the clients prior consent. Only they can use the photo - for the book and it's publicity related publications. I agree on usage rights, that part is obviously redundant...:)
Cheers,
Hugo
|
|
|
|
Chris Hunter
(K=25634) - Comment Date 6/20/2006
|
I don't know almosy ANY photographers who will completely sell the copyright to their work, contract or otherwise.
If you were to, keep in mind that you will never make a profit from those images again, EVER, and they will no longer be your property.
Selling unlimitd reproduction rights is a tough call to make, I generally try to stick with specific licensing of images for certain projects, as opposed to just a set price for a photo that is forever theirs to use as they wish - without further compensation to yourself.
I believe I would need to charge close to a thousand ($1000us) per image if I was never going to be able to EVER make a profit from that image again. However, it may very well be worth it in the original agreed upon contract as well as publicity and exposure/industry contacts that will be formed.
|
|
|
|
Hugo de Wolf
(K=185110) - Comment Date 6/27/2006
|
Hi JT,
Thanks for your answer. I gave them a ring, asking for more info as to the why - it appeared they weren't in the least conserned about the possible use of their photos for commercial reasons, that's also something to address in the model release forms. The reason, as they told me was that they wanted to use the same photos for a possible reprint of the book, at no additional costs. After finding out their reasons, it was settled easily.
Cheers,
Hugo
|
|
|
|
Hugo de Wolf
(K=185110) - Comment Date 6/27/2006
|
Hi Chris,
Thanks for your reply.
I quite agree, I didn't even seriously consider selling the copyrights in the first place. I was just curious about the why behind their demands, wondering if there were any reasons to do so - still don't see any benefits, but I agree, if the price is right, anything is for sale.
One phone call to find out the reason why they wanted ownership of the copyrights, and the matter was easily resolved.
Cheers,
Hugo
|
|
|
|
|
