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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 21 Aug 2017 (Monday) 09:05
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copyright / rights for client?

 
dynamitetony
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Aug 21, 2017 09:05 |  #1

i usually do parties and events for private individuals and i always keep the copyright and give unlimited printed rights for personal use to my clients

i have a job for a business client to photogprah an event for them , where they will want to use the images for their marketing/ website etc

is it the same, do i hold the copyright but give them permission to use the images for any marketing purposes ( but they are not allowed to selll the images)

or do i just give them all rights/?

thanks in advance

this is in the UK btw


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thc1979
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Aug 21, 2017 09:20 |  #2

If it was me I'd go with any marketing or business use except sale of images. Unlikely they would want to sell them but they should be allowed to do as they want with them in connection with their business.


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john ­ crossley
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Aug 21, 2017 10:03 |  #3

dynamitetony wrote in post #18433125 (external link)
i usually do parties and events for private individuals and i always keep the copyright and give unlimited printed rights for personal use to my clients

i have a job for a business client to photogprah an event for them , where they will want to use the images for their marketing/ website etc

is it the same, do i hold the copyright but give them permission to use the images for any marketing purposes ( but they are not allowed to selll the images)

or do i just give them all rights/?

thanks in advance

this is in the UK btw

You have two choices.

1) You can let the client use the images under license, which means that you retain the copyright and the client has limited usage of the images dependent on the the terms of the contract.

2) You can sell the copyright of the images to the client, thereafter the client can do whatever they like with them.


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Scott ­ Spellman
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Post has been last edited 3 months ago by Scott Spellman. 2 edits done in total.
Aug 21, 2017 12:04 |  #4

First- get a real IP lawyer and use a written contract in all situations where you are grating photo rights to another business.
Second- you can easily keep copyright and grant limited rights to your client. The rights granted could be unlimited or restricted as specified.
Third- do not try to make your own contract without a lawyer because it will likely not provide you or your client the rights you may think it does.
Fourth- some countries have privacy laws that require a written consent agreement called a model release for all recognizable people shown in advertising. Since you could be sued, you should investigate this issue with the lawyer.




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Dan ­ Marchant
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Post has been edited 3 months ago by Dan Marchant.
Aug 22, 2017 10:31 |  #5

In commercial photography the value of an image depends on how much revenue it will generate which in turn depends on how many potential customers see it. An image used in a UK only marketing campaign will generate less revenue than one used in a Europe wide campaign.

So when costing a job you charge a shooting fee, additional costs (travel, rental, crew hire etc) and a licensing fee. The latter varies depending on the planned usage. There is no reason why a client should pay you for world-wide right if they only intend to use the image in the UK. Likewise there is no reason why you should give away world-wide rights (or all rights) if they are only paying you for UK. Otherwise clients would all come to you claiming that images will just be used in one small local paper, pay accordingly and then use them throughout the UK/EU at no extra cost.

As Scott says you should get an IP lawyer to draft your contract so that it grants the rights needed but doesn't give away ones that aren't.


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Alveric
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Aug 22, 2017 13:02 as a reply to Dan Marchant's post |  #6

Just curious: how does the Internet fit into regional rights? Considering that a webpage, unlike some youtube videos, is not restricted to regions and can be accessed from anywhere in the world, do clients need to purchase worldwide usage rights if they are gonna use the images on their web sites?


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john ­ crossley
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Aug 22, 2017 13:52 |  #7

Seeing as the OP is in Blighty this should do.

http://www.londonfreel​ance.org/forms/cccform​.pdf (external link)


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dynamitetony
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Sep 04, 2017 15:03 |  #8

ok , so i have got a trial with the company for one event

now i have to work out a small contract of terms, tbh, i cant afford an IP lawer at this stage

i just have to think about what to offer them , something along rights to use in their marketing, but are not allowed to sell any of the images

only thing im not sure, is they are an international company and should i keep rights to UK only or worldwide


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Dan ­ Marchant
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Sep 04, 2017 22:24 |  #9

dynamitetony wrote in post #18444442 (external link)
only thing im not sure, is they are an international company and should i keep rights to UK only or worldwide

Ask your client what they want, then charge accordingly.


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dynamitetony
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Sep 05, 2017 03:19 |  #10

Dan Marchant wrote in post #18444734 (external link)
Ask your client what they want, then charge accordingly.



Sometimes cant see the wood for the trees.... great idea.

me stressing about what to put in my T&Cs , when i should just ask them .. :)


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ksbal
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Sep 05, 2017 15:12 |  #11

another idea is to check out the terms for GettyImages, ShutterStock and etc.. they have different price structures depending upon use (since this is a custom job, don't use their price structure) and this may help to decide what all to include as rights for the client. Many times they are only viable for a year, and the client then renews those rights on a yearly basis, until they want to do a marketing refresh.


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copyright / rights for client?
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