Photo rights question....need help ASAP

[RysioK]

I've shot a car for an automotive magazine yesterday. Originally I quoted the job @ $250 as it was a quick shoot and a close drive from my house.
The agreement was all verbal BTW....

The car I've shot is owned by an audio product distributor who is a sole distributor of a certain product line in the US. After the shoot I gave them a sneak peak at some of the images and the owner asked me about the photo rights as he wishes to use the images in his add campaign.

Does the magazine own the image rights or am I allowed to sell them to the company as well? or should I ask for more money for the shoot?

Thank you

Rich

[basroil]

Double check your contract with the magazine. If it was work for hire, forget about it, you have 0% chance of getting any rights back. If your contract does not say that, the rights are yours alone and then it becomes an ethical question rather than a legal one.

A much easier thing to do is to tell the distributor that you'd be willing to reshoot the same stuff specifically for him, and that will let you get better photos for him to work with (and of course, less legal headache for you).

[RysioK]

Double check your contract with the magazine. If it was work for hire, forget about it, you have 0% chance of getting any rights back. If your contract does not say that, the rights are yours alone and then it becomes an ethical question rather than a legal one.

A much easier thing to do is to tell the distributor that you'd be willing to reshoot the same stuff specifically for him, and that will let you get better photos for him to work with (and of course, less legal headache for you).


Yeah, that is exactly what I was thinking. BTW there was no contract between me and the magazine.

Any other suggestions?

Rich

[LW Dail]

Any other suggestions?


Get a contract next time !!!!!!!!!!!!!!!!!! :)

[RysioK]

Any other suggestions?


Get a contract next time !!!!!!!!!!!!!!!!!! :)

I definitely will. Photography is my side gig and I've only done a few "paying" jobs so far. Its a good learning experience to say the least...

I also do not want to burn my bridge with the Magazine as they have a few more jobs lined up for me....

Thank you

Rich