Adding a 'Reserve the Right" clause to a job proposal...

I'm putting together a proposal for an industrial photo shoot and I would like to include a clause that would: one, enable me to use the images for my own purposes; and two, require credit should an image be used beyond its original intent (i.e. website and public relations), say for advertising.

I think there's an opportunity here that some of the images I take could have self-promoting and artistic value, and I don't wish to give the firm complete ownership, preventing me from using them too. I suppose I could be less a hard-ass and simply state that I reserve the image copyright, but extend to them free use, thus leaving me the right to use my images as I wish.

I welcome your thoughts and suggestions.

You always hold the copyright to images you take, unless you expressly give them away in a contract.

You don't need to reserve that right. What you are giving the business you are selling the images to is a license, and you dictate the terms of that license in the contract. Typical terms include the type (exclusive or non exclusive), the term (how long the license is good for), and the approved use of the image.

Here's a nice resource with a basic sample or layout.

http://www.diyphotogra​phy.net/photo-licensing-look-basics/

You should use a lawyer to draft a real legal document since you are clearly unfamiliar with the entire subject. Only a lawyer can help you get exactly what you want.

In an effort to be helpful, you should keep copyright of the images and only grant a non-exclusive license(permission to use). That will keep your rights to use the images however you want. Your license contract at least needs to specify the client, which images, for what type of use, territory, time period, and any exclusions.

It is generally hard to separate PR, promo, and advertising use because they are all related to the company's sales and marketing efforts. Also, photo credits are never given for advertising or marketing work, so get compensated in $$$$. It's far easier for a client to agree on unrestricted use for a period of time in exchange for $$$. If you don't understand it, your client probably will not either.

-Scott

Kevan wrote in post #17493955
I would like to include a clause that would: one, enable me to use the images for my own purposes; and two, require credit should an image be used beyond its original intent (i.e. website and public relations), say for advertising.

1. You are conflating media type and usage which is likely to lead to confusion. A website is a media type (newspapers, magazines, posters, flyers, TV) while advertising, promotions, editorial etc are usage types. It is entirely possible to use an image as an advert on a website. Best to avoid confusion by listing where images can be used or how they can be used.
2. Don't ask for credit (especially in advertising). Ad space is very expensive and no serious company is going to waste any of that space on a photographer credit that will distract from the ad message. Look in the magazines on the news stand. None of them ever have a tog credit.

Not only is an advertiser not going to give you a credit but you also wouldn't want one if they did. They are worthless. What you want is money. When you license an image to a client you license it for the specific usage they need. If they later decide they want to use it in different media/usage then they should pay extra for that. You would normally have a clause in the license agreement stating that additional usage will be subject to agreement on similar terms as the original license.
3. As mentioned above if you don't know all this you should get a lawyer (who understands photography/IP licensing) to draw up your agreement.

Thanks guys. I'm good to go with your advise. Apreć!

Good luck, hope the project goes well.