Licensing a commissioned work?

[Moose408]

I have been asked to license a couple of my photos for use as promotional material for an event. They also wish to commission a 3rd photo of similar style. I've never done anything like this and have a couple of questions.

1) If they are paying for the shoot, is it assumed that they own the rights to the photo and don't have to pay an additional license fee?

2) What is the going rate for licensing a photo for a 1-time use to promote an event?

The event is an South American Award show similar (but much smaller scale) to the Academy Awards.

[RDKirk]

1) If they are paying for the shoot, is it assumed that they own the rights to the photo and don't have to pay an additional license fee?

No, that is not to be assumed, except in Australia and Canada. In any nation that is a signatory of the Berne Conventions (except those two--check the situation in South Africa), as the creator you own the copyright unless you explicitely transfer it in writing or (in the US) you are an actual employee of the commissioner (they pay employment taxes on you) and photography is one of your normal employment tasks.

You still own the copyright and you must still license them at any rate you choose to use the photographs in the ways that you specify they may.

[snails]

No, that is not to be assumed, except in Australia and Canada. In any nation that is a signatory of the Berne Conventions (except those two--check the situation in South Africa), as the creator you own the copyright unless you explicitely transfer it in writing or (in the US) you are an actual employee of the commissioner (they pay employment taxes on you) and photography is one of your normal employment tasks.

You still own the copyright and you must still license them at any rate you choose to use the photographs in the ways that you specify they may.

All true, but I misread the "South American Award show" bit the first time too. He's not in South Africa, or South America ;). It's an awards show.

[RDKirk]

Ah, well, <ahem> at least that removes some questions about the issue.