PDA

View Full Version : Commissioned photo book: Copyright of text and images


exile
10th of June 2008 (Tue), 11:02
OK, I've done a search on here and haven't come up with anything that directly relates to this question ...

I have been offered an opportunity to "author" some travel/landscape style photography books. However the contract appears to be more appropriate to a non-photography book. Specifically the copyright and "Grant of Rights" sections are of concern.

Under "Copyright", the publisher says they will copyright the "Work" in my name, but under "Grant of Rights" they are claiming "the exclusive rights comprised in the copyright in the WORK, and any revised editions, in all languages, in any country throughout the world, the right by itself or with others, to print, publish, republish, display, transmit and distribute the WORK, etc" and "is granted the full and exclusive right, in the territories set forth in paragraph x, to license, and sublicense, others to print, reprint, publish, republish, distribute, transmit, display, sell, adapt, abridge, condense, or otherwise exploit the WORK, or any part thereof"

This sounds to me like they are essentially claiming rights on not only the text but also the photographs. I have mentioned that I'm also working with a non-competing organisation and they say that shouldn't be a problem, but I'm not going to make the mistake of taking this on a gentleman's agreement if the only thing I have in writing appears to contradict this.

I know this is going to elicit a number of "never assign your copyright" replies. Let me head these off by saying I have no intention of doing this, however, I would be very interested in hearing from anyone who has been in the position of published a similar book and how the publishers approached the issue of image copyright.

Note: I'm in the UK and so the images are my copyright as soon as I click the shutter. I do not need to register them with anyone.

exile
11th of June 2008 (Wed), 07:29
Bump!

sspellman
11th of June 2008 (Wed), 08:46
Exile-

With any collection of work like a magazine or book, the publisher will always claim copyright and full rights to the work as a whole, even if the copyright for individual elements like pictures remains with some other party. This copyright for the work as a whole does not superceed individual licenses for photos or other elements. You only need a signed standard license agreement for the publication of 1 or more editions from the publisher for your work. It would be smarter for the publisher to get a license for an extended amount of time to be able to publish a new edition.

-Scott

exile
11th of June 2008 (Wed), 18:14
Hi Scott, thanks for the information. The publisher is actually looking for exclusive rights in perpertutiy ... until the actual copyright expires, so they are covered there. I guess what I'm more worried about the the part that says "[the publisher] is granted the full and exclusive right, in the territories set forth in paragraph x, to license, and sublicense, others to print, reprint, publish, republish, distribute, transmit, display, sell, adapt, abridge, condense, or otherwise exploit the WORK, or any part thereof". So this says to me that if I signed the contract I would actually be signing over full and exclusive rights to the individual images too, as they would be "any part thereof" of "the work".

Does anyone know if this is a normal clause?

sspellman
11th of June 2008 (Wed), 18:36
Exile-

If they want exclusive rights in perpituity for new images-thats expensive. Since they retain all rights to resell and exploit the pictures, you need real compensation. They actually do not need exclusive rights, it just makes their product more valuable.You should always have portfolio and self pomotion rights to the images. You should get a sizeable amount up front and they should pay for all expenses in making the pictures. Maybe other pros here can comment on $$$ for photography books, but Im thinking $20-50K + expenses. You may get more effective advice in the business forums at pdnonline.com

-Scott

exile
12th of June 2008 (Thu), 18:53
Cheers Scott. That's the thing ... there is nowhere near enough money in this deal to make it worthwhile giving up the rights. I'm trying to assess just how normal this clause is in order to know how hard I can push to get the balance redressed.

PhotosGuy
12th of June 2008 (Thu), 23:27
I'd be inclined to shop other publishers too.