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sugar_babygirli
24th of July 2005 (Sun), 20:55
Sorry for the urgency! (and so many posts lately asking questions! :o:o )

This is really important, though. I just got a call from a friend (who owns a company) and he wants me to do photos for a card line of his and also to advertise apparel. I've worked for him before btw and we talked about this a couple weeks ago.

This is under the agreement I am hired by his company and signing over rights of the photos to them to sell (which I don't care cause I wouldn't want to do anything with them anyway :p ) Anyways, I asked up front if even though he is getting the rights to them, can I display them on my future website and in my portfolio as work that has been published/etc. He definately said yes, but I want to get some sort of contract in WRITING that this is the case and he doesn't change his mind and not let me display them for some odd reason. (he isn't like this, but I've heard too many horror stories of friends gone bad :( )

What type of contract can I find online as an example for this? I REALLY appreciate all your help so much and apologize for all my newbie questions all the time. Thank goodness for this forum or I'd be lost! :D

Joe R
25th of July 2005 (Mon), 11:50
Do not under any circumstances sell your copyright unless you are being extremely well compensated. You are much better off licensing your images for specific usage.

You might check out ASMP, or Seth Resnick's site for more resources on contracts for commercial advertising & stock photography.

Add these 3 books to your shelf & read them ASAP.

Pricing Photography:
http://www.amazon.com/exec/obidos/ASIN/1581152078/qid=1121886133/sr=2-1/ref=pd_bbs_b_2_1/102-1763828-4726500

Business & Legal Forms for Photographers
http://www.amazon.com/exec/obidos/tg/detail/-/158115206X/ref=pd_bxgy_text_1/102-1763828-4726500?v=glance&s=books&st=*

ASMP Professional Business Practices in Photography
http://www.amazon.com/exec/obidos/tg/detail/-/1581151977/qid=1121886133/sr=1-4/ref=sr_1_4/102-1763828-4726500?v=glance&s=books

sugar_babygirli
25th of July 2005 (Mon), 12:27
Thank you so much for your help Joe R. I really appreciate it!

I know I shouldn't sell copyright and that is a huge no-no for photographers, but I'm just starting off and don't know how this works with a company that specifically hires a photographer for THIER work. I'm not sure how I'd convince him to let me keep the copyright and only license my images to him. Grrr this is so confusing to me.

I dont know how much he is thinking of paying me yet, either. I'm sure I'm going about this whole thing TOTALLY wrong, huh? Lol. :o

sugar_babygirli
25th of July 2005 (Mon), 12:34
Hmm...I was reading an excerpt from one of those links you gave me. It was talking about how the copyright is the photographers from the moment the shutter clicks (duh!) UNLESS you are an employee or have signed a work-for-hire contract with a client. If you are an employee working for an employer, the copyright in any photograph taken on the job belongs to the employer.

Well, I'm not specifically an employee for a cooperation, but he is sort of my "agent" and has landed me many jobs the past few months....so would this consider him my employer? :o

Joe R
25th of July 2005 (Mon), 15:48
Unless you have an actual written employment contract with him you still own the copyright. I would also strongly advise registering your images a couple times a year. It's only $30, and gives you a lot more leverage if there is an infringement.

Excellent resources on the Editorial Photographers site:
http://www.editorialphoto.com/copyright/