Copyrights

[CoolToolGuy]

I have been asked to shoot and produce photos of the high school play for sale (to benefit the program). I would like to do it, but I have to be sure I can get the time off from the job that pays the mortgage before I will accept. In the meantime, several questions have come up that I need to resolve.
I will probably produce prints, and they suggested a CD. I'm curious about copyrights and how to protect my images.
I don't want to keep the customers from emailing or printing them on their own, just to be sure someone else doesn't try to turn my images into their BMW.
How do you handle the copyright issue?
Have Fun
Rick

[fotog]

Don't give out your CD, Deface them with your copyright accross each image. That's about all I can think of unless you can post to an image hosting site that people use for selling prints on line. I think they use some html that prevents right clicking. Or lastly super low rez. Now that I think more maybe print contact sheets.?????
Bill

[CanonUser]

Use Flip Album Pro v5.0, you can have the photos automatically play in a slide show format and control the print capability at the same time. Overlay a logo and copyright info in the lower prtion of the photos. Another option is to turn the photos into a DVD, your customer can see but can't print the pics, and you can set the flag on the DVD to prohibit copying to another DVD or VHS tape.
You can try as hard as you can, but any computer savy person with determination can defeat any measure of image protection, almost. So, use a method that fit your budget, time, and your customer's sophistication level. I'd say use Flip Album Pro, included a printed sheet asking the customer to respect the copyright of the photos, and embed your logo in the photos will keep most of your customers on the straight path.

Hope this helps,
Alan

[imago57]

Adobe acrobat also gives you the ability to copy/print/modify-protect your images.

[arthurb]

The easiest way to protect your profit is to make sure that your print prices are reasonable.

Many folks don't want to go through the trouble of printing their own. But it is a sliding scale, as the price goes up, the number of unauthorized copies goes up.

It is a formula that the music industry has yet to learn.

[mattchase]

Sounds like the same situation I work with on a daily basis. The images you deliver to the customer (in print or on CD) are theirs, they paid you to shoot them, and have the right to use them. At the same time, you don't want them to transfer or re-sell them to some one else. You don't want to hinder the customer by using a big logo or copyright tag in your images, besides being ugly, you should never do this to an image that you are delivering to a client as the "final" image for them to use. You don't want to give them a locked CD that they can only look at, but not use for the same reasons. Imagine buying a TV, and that static cling plastic stuff they use to protect the screen is embeded in the glass, and won't come off. Not a good thing.

It's fine to do things such as that if the CD or online images are for the client to only look at, such as scouting photos or test photos. If you are posting the images online for the client to pick the one or two or three they want to buy, then by all means put a logo in the image. And who knows, maybe the client will offer to let you put your copyright info in the image for your own advertising...clients have actually done this for me in the past (though I do admit, rarely).

Be upfront with your customer. Tell them verbally about usage when you are talking about your fees, and also include the same information on the invoice. It also doesn't hurt to put a text file on the CD / DVD which states the usage rights, most places will see that and will in fact read it (even the likes of Walmart and Costco should!), as it is their ass too if they infringe on some one elses copyright.

As for what to say, here is the terminology and explanation of what it means. The line I use most is this...
"No time limit, non-exclusive, non-transferable rights."

This means the client can use the images from now until the end of time, that I keep the rights to use the images for myself for anything I may want, and the client can not sell or give away the images to anyone else. The time limit part is up in the air, as some people would want to limit everything to a specified amount of time. I personally don't like being told that I can only use something for a year and then I have to stop. I also believe that most things go out of style in a short period of time, so why risk upsetting a client by limiting their time of usage? This doesn't hold true for everything, for bigger clients or bigger advertising shoots, I will consider and use a time limit. But for the little guy, or for something that will be out of style in a year or two, I don't. Limiting how they can use it is the more important aspect.

More specifically, you can say something like this which will really spell it out for the client. The items in ( ) are what you need to fill in for each client / job.

Usage and Licensing agreement: The following rights are granted for the use of these images. (Client) has the right to reproduce in print, email, or on CD these images without obtaining permission or notifying the Photographer, for the purposes of their own (advertising or marketing or PR...whatever you sell them). (Client) does not have the right to transfer or sell these images to anyone else without prior authorization from the Photographer. The Photographer retains all rights to use, sell, or otherwise use these images at any time without obtaining permission or notifying the (Client).

And of course, no matter how you say it, make sure the client signs it! Once they read the above, they will either be savvy to it and sign, or not be in the know and question it. If they question it, explain to them why, and offer to sell them the full rights to the images for $XXX more. This price will vary, depending on if they really want all rights, or just want more rights. If they want all the rights, so that you will give them everything and not even keep the images in your archives, then consider doubleing or tripling the price, at the least. If they just want to be able to transfer the images, or use them for PR and marketing and to hang on their office wall, then raise if by 25%-50%, or whatever you think will fly. Pricing usage is kinda tough, it is both subjective to you (the photograher) and still has to fit into the clients budget. In the end, don't let usage concerns cause you to lose a job, unless the client is demanding everything and not willing to pay for it.

One last thing you need to know is about how the government / courts see copyright (This applies to the USA only). An image is protected from the time it is in it's fixed form. No registration is needed, nor is any notice needed on the image (true for recent works, post 1976 I think). However, if you should find out some one has infringed, then you are limited in what you can collect from them if you don't register your images. You can still sue, you can still collect, but I think things like lawyers fees and some types of damages are not likely to be awarded. If you register your images, then you are entitled to everything possible (doesn't mean you will get it though!). Registration requires sending the images you want to protect, along with a fee, to the Library of Congress. The fee is $30 per image, or you can send a series of images (from the same "collection" or job), for a single fee that I can't remember, but it isn't $30 per image.

And a note on tracking your images. Good luck. Thanks in part to digital and email, it is really hard to know when something has been sent. There are some ways of finding images posted online, but even those aren't always reliable. For my studio, the few times we have found infringments have been either from one of us seeing the image (such as in a magazine we happened to get, and asking ourslves did they pay us for this?), or from other cleints or colleagues making us aware of the images being used. As you can imagine, both of these are very hit and miss. Yes, there is a lot you can do to protect your images on the front end, and a fair amount you can do to enforce your copyright on the backend. It's the middle step, discovering that your images were used illegally, that is hard to do.

Whew...did I leave anything out?

[CanonUser]

The reason for measures such as embedded logo or copy prevention to be used is so that the photographer has the opportunity to make a profit from his/her labor & creativity. It's the same with writer, musician, or any professional in any other field protecting their works. If the customer want to have the right to use the image in anyway they choose, then they should pay a buy-out fee just as a negative buy-out. Same thing with reprint a book or airing music. With that said, it's your business (it'a a business, right?) and therefore YOU make the decision on how generous you can be. Of course, you must adopt to the new mentality and technology. What prevent us photographer from providing a CD of low res photo (just like Costco) suitable for previewing, emailing, or printing 4X6s, etc? The photographer still have the hi-res photo for 8X10s and above.

Regards,
Alan

[Webster]

Pardon me if I inject a little reality into this discussion, but we're talking about a high school play. The only way that any photo taken of a high school play is going to be of any value at all to anyone other than the participants and their families is in the very unlikely event that one of the actors becomes a major media star. Before holding out for that, I'd suggest considering the fact that a lottery ticket is only a buck, and has better odds (or at least not much worse).

Why not make a package for each participant containing a couple of prints (maybe one of the participant and one of the whole cast/cresw) and a CD with all the shots, put it in a folder withPhotography by your name here printed boldly on it. Add a copyright notice just in case. Either eat the costs or get the school to reimburse costs. Then you can say "all proceeds go to the drama club" or some such thing. Sell it for whatever a reasonable price is for the school's income bracket, and price special orders high enough to make them worth the considerable trouble they can be.

The school will get a nice bit of always needed cash, the parents will get treasured mementos, and you'll get lots of very nice publicity. You don't want to have to worry about model releases or taxes or Generally Accepted Accounting Principles until you're ready to go into business for real. And don't worry about the copyrights - if anybody does get a BMW from them you can always sue them (but you'll probably have to get in line).

[CoolToolGuy]

Wow! Lots of good info.
What I want to do is provide the basics to insure against someone using the images for profit, and then saying that I didn't provide any indication of copyrights.
I will create the product(s) and I or someone else connected with the play will sell them at the performance. All profits go to the school.
For the CD, I see it as a disc with a bunch of JPGs on it. I don't think I want to get into a slide show program unless I can distribute it (legally) free of charge. Based on the replies posted, I may use a copyright statement on the jewel case as well as a file on the CD.
I don't want to alter the image with a logo or prevent Mom & Dad from emailing pictures of the budding star to Grandmom or making them the wallpaper on their PC. I probably will reduce the resolution to somewhere around 640x480 to facilitate email and discourage 8x10s.
Thanks, and I'm still listening.
Have Fun
Rick

[robertwgross]

mattchase wrote:
...
...
Whew...did I leave anything out?

Excellent, Matt. Are you a photographer, or are you a lawyer?

---Bob Gross---

[IndyJeff]

CoolTool you are heading in the right direction by your last post. Put a copyright notice on the CD case label. Images on the CD should be at a low resolution so as to prevent a good enalrgement from being pirated. Inside the label include your name and contact info.
You can let the school sell the CD for mom & dad's memory keepsake and they can also email to other relatives, which I think is an excellent idea, and you also make available to offer to purchase high res prints.
Inside the label maybe something like;

Photos by CoolTool Photography
All photos are copyrighted.
Please feel free to send a copy via email to friends and family as the cd contains low resolution images for emailing purposes. Any image may be purchased in any size up to 11X14 in a high resolution print by contacting CoolTool at (Your email address) or (your phone number)

Still I have no doubts that someone somewhere will make a copy of your images. You will drive yourself crazy worrying about someone stealing your work.

[Vegas Poboy]

Most schools allow parents to sign a release form when school starts at the first of the year. Check with the school and see what they want or expect and go from there.