what does "full rights" mean?

[kja]

I've been asked to supply an image as the cover of a kid's publication and they want full (non-exclusive) English language rights.

I'm not 100% sure what that means in reality or how it affects what I should charge.

Please help.

[MikeT]

Found this through google, it applies to writing:

2. License to Publish

(a) In Print Format

AUTHOR hereby grants to the PUBLISHER the non-exclusive, worldwide license to print, publish, distribute and sell the WORK in print form in the English language. The AUTHOR also grants to the PUBLISHER the right to make excerpts from the WORK viewable on the PUBLISHER'S Web site, or partner Web sites that have entered into agreements with PUBLISHER, in order to facilitate sales of the WORK.

and the site's explanation states:

If you sign a contract that has the clause above, it means that you may be granting the publisher exclusive worldwide, English-language rights for a minimum of 40 years. Unless there are other clauses that specify ways that you can terminate the agreement, you and your heirs are stuck with a deal that might look good short term but might not benefit you in years to come.

To me, and I am no expert, but it sounds like your giving them Copyright's to your work. If that is the case, then you you should be compensated for giving up those rights. If I'm wrong then chock this up to ignorance.

[kja]

Thanks for that! I wonder if that's the same for images...

Anyone else have some help for me?

[John Mireles]

Full rights really means whatever the person saying it wants it to mean. Usually though, a person who would say that doesn't really know what they're asking for. Does it mean a full copyright transfer? Does it mean unlimited reproduction rights in perpetuity? Does it mean unlimited and exclusive rights to reproduction? Does it mean unlimited rights to print it in their magazines? Or does it just mean the ability to run it in their magazine and in related uses such as web site?

The typical rights that I transfer to a magazine are something like this: "One time use in English language version of North American edition of XYZ magazine only. No advertising or resale to third parties allowed."

Those are the full rights that the magazine needs and is most likely willing to pay for.

John

[kja]

John -

Thanks! That's exactly the kind of input I was hoping for. I'm thinking that I can simply respond with something very similar to yours then...

"One time use in English language version for the front cover of BOOK NAME only."?

Any ideas on pricing for a cover for a kid's book? I'm seeing about $1100 ish in the searches on the web so far but not sure that sounds right?

[MikeT]

This might help, it is a calculator that will give you an idea of prices.

http://www.photographersindex.com/stockprice.htm for a book go under Editorial, and it has books listed there. You will need some info such as the amount of distribution.

[kja]

Thanks, I've got that one :)

[tim]

Sounds like they want to own the image. Sell it to them but make it worth your while. Or sell them usage rights. I would get advice from an experienced professional on this, not some random strangers on the internet. You'll likely undersell yourself.

[kja]

Sounds like they want to own the image. Sell it to them but make it worth your while. Or sell them usage rights. I would get advice from an experienced professional on this, not some random strangers on the internet. You'll likely undersell yourself.

LOL would love to, but have no idea where to find said experienced professional unless one happens to wander by here ;)

[tim]

I know quite a few pros by being members of local camera clubs and professional associations. Are you a member of the AIPP? If so they could probably put you onto someone who could give you a good idea. If you're not, join.

[kja]

Yup, I am a member...have an email in to them now...

I live remote, there are no pros or camera clubs so that's a dead end for me ;)

I have to believe with the vast amount of knowledge on this board that there are those out there who can help, too :)

[amfoto1]

Hi,

Keep in mind that their offer to you is just the opening salvo in a negotiation process. Often buyers deliberately ask for the maximum first, and they just need to be negotiated back down to reality.

Offer one time, limited use and non-exclusive rights at the price you want. Set up the limitations based upon their needs and your comfort level. You can also use this as an opportunity to set up a sale for a second or even third printing use, perhaps giving them incentive to reuse your photo with a slight discount for subsequent use(s), if those should come about.

Now, I'm no attorney. And there are some who specialize in this sort of thing. Consult them for more and quite likely better information! (End of disclosure statement.)

[Monito]

they want full (non-exclusive) English language rights.

The key word here is "non-exclusive", and that is good for you. It means you can sell the right to use the image to other people, even in English language publications. The client wants to avoid having to negotiate over each and every usage as it comes up.

However, other clients might wish exclusive rights, so "full rights" should cost a fair bit more than usual, even if non-exclusive, but not as much as exclusive rights.

There are at least four things that should be made clear in a licence agreement with this client: 1) A time limit, like two years. 2) No resale or free distribution of rights by the client. 3) No print sales or free distribution of prints by the client, i.e. no use without it being incorporated in a document or brochure or other media. 4) No restriction on you selling rights to the image to other clients and no restriction on you using the image to promote your business.

Keep it as simple as you can, since the client is probably negotiating this way to simplify rights management on their end.