Giving Photos is Giving Rights Away, Too?

Tricky title for a simple question. I searched so don't beat me...

I'm a little lost/confused:

If I do a shoot and give the customer the edited RAWs what can they then legally do with the pictures?

I'm concerned with doing the shoot, giving the pictures to the customer, and then someone approaching the customer asking to use the images for their advertising. Is the customer legally allowed to give the images to the other person or do they have to go through me?


Thanks!

Contract
Contract
Contract

Avoid Guesswork .. Spell it all out in crystal clear language and you'll save yourself and your client a lot of headaches.

Legally you own the copyright. However, without any prior agreement, you have no sure method of prohibiting them from doing whatever they want if you give those files away.

You need a contract.

Hate to keep saying gimme gimme but any suggested contract templates you guys know of?

First hit via Google

Ammend As Needed...

If you really want to make sure both cheeks are covered, wash it through a lawyer first before use.

Much appreciated

I wouldn't give them a copy of the original raws - I'd give them a copy of the .DNG files with your metadata embedded in there.

Of course, Contract will help keep your headaches down to a minimum :P.

I never give my RAW files away. The client does not need them. I can do what ever they need done to them. I'll do it happily for free (or included in my service costs). To me editing is always part of the package deal (almost). I keep my RAW files and give them JPG's.

What's the logic behind NOT giving them the edited RAWs?

TwistedGray wrote in post #11849911
What's the logic behind NOT giving them the edited RAWs?

"Edited raw" is an oxymoron.

What exactly are you delivering?

krb wrote in post #11849943
"Edited raw" is an oxymoron.

What exactly are you delivering?

Err, sorry, why not give Edited TIF files? Or maybe even the PSDs?

I just don't understand why you would give the JPEGs

TwistedGray wrote in post #11850405
Err, sorry, why not give Edited TIF files? Or maybe even the PSDs?

I just don't understand why you would give the JPEGs

Depends on the client, but most of them simply don't need TIF and the larger file size will be a nuisance. If the clients needs TIF or some other format that's fine, give'em what they need and will pay for.

What everybody is saying is that you should not be giving them .CR2 (raw) files from the camera because if it ever really comes down to it, you having those CR2 files and them only having a .JPG or .TIF is very solid proof of ownership.

Usually, I include a book of photos for the bride and groom. I give them the option to order prints from me or I can give them a disc. I would prefer the ordered prints but the disc gives them the opportunity to print what they want when they want. With JPG's they can take that disk, pretty much, anywhere to have photos printed. DNG or RAW and I think TIF as well is hard to get printed unles you take it to someone with the software to print them. I don't know if the kiosks at Wal Mart can print TIF. I am pretty sure they don't print DNG.

What krb says is very true to. If I give someone JPG's then they certainly can't say that they shot those photos because I have the original Camera RAW files and if there's only one set (well one set and a backup set both in your possession) then you have the perfect argument that you own the camera that shot those pictures.

If you're actually concerned about copyright ownership, you need to do whatever is necessary in your country to legally register or establish it--you can't depend on having the raw file, because legally that means nothing. In the US, you're not even going to have a chance to present it in court, because unless you've registered it, you'll never get into the copyright court.

In the US, you can register hundreds of images online on one form for $35. Do that with everything you've shot every three months and you're covered.

Be sure you understand what copyright is. Copyright is legal "property," like having title to an automobile or a plot of land. When you create a work, as the author you automatically own it (possess the copyright). In the US, that's true even if someone else paid you to create it, unless you are a bona fide employee of that person (and taking pictures is actually part of your job) or you have expressly signed an agreement that you're "working for hire."

As the owner of the copyright to the work, you have total legal control over whether and how it can be used or copied (under certain limitatations--personal privacy rights and trademarks, notably). You normally license uses to other persons. Important: These are not "rights" these are "licensed uses." Make sure you've got the terminology correct.

If you actually intend to "transfer" copyright to someone else, you can do that as well. But this is almost never necessary and should carry a very high price tag. At the very most, you should be able to sell an unlimited license (the othe person can do absolutely anything he wants with the image forever) and still retain copyright for yourself. If you actually transfer the copyright to someone else, then you have no right yourself ever to use the image; in fact, in the US the other person can even claim he took the image himself (the US does not recognize "moral copyright").