Comments on: What You Really Lose by Giving Away Your Copyright http://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html Professional Photography Blog Fri, 10 Feb 2012 23:56:37 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Paul Conradhttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-64157 Paul Conrad Fri, 28 Oct 2011 20:58:30 +0000 http://rising.blackstar.com/?p=4369#comment-64157 Great posting.I hear of way too many people giving away the copyright for nothing more than a credit line.What's worse is the attitude of the media companies who write this into the contracts. It's not that they don't pay well, it's that they strip your chance of securing any residual income from those photos.How can you have the right to sell if you no longer hold copyright?While working at The Aspen Times in Colorado, by virtue of a contract, the photographers owned copyright. The publisher believed that due to the expense of living in town, we needed extra income so they gave us the copyright to re-sell the images.While I was there, Aspen Peak (a part of Niche Media) formed and I had the opportunity to discuss the new magazine with the publisher. I asked about photo assignments and the pay was poor, plus they required to have all the photos to sell them.I never took an assignment from them.I wrote about this a year and a half ago: http://pabloconradphotography.wordpress.com/2010/05/01/protect-your-copyright-its-the-only-thing-of-real-value/If they want your copyright, tell them no. Unfortunately, someone always says yes. Great posting.

I hear of way too many people giving away the copyright for nothing more than a credit line.

What's worse is the attitude of the media companies who write this into the contracts. It's not that they don't pay well, it's that they strip your chance of securing any residual income from those photos.

How can you have the right to sell if you no longer hold copyright?

While working at The Aspen Times in Colorado, by virtue of a contract, the photographers owned copyright. The publisher believed that due to the expense of living in town, we needed extra income so they gave us the copyright to re-sell the images.

While I was there, Aspen Peak (a part of Niche Media) formed and I had the opportunity to discuss the new magazine with the publisher. I asked about photo assignments and the pay was poor, plus they required to have all the photos to sell them.

I never took an assignment from them.

I wrote about this a year and a half ago: http://pabloconradphotography.wordpress.com/2010/05/01/protect-your-copyright-its-the-only-thing-of-real-value/

If they want your copyright, tell them no. Unfortunately, someone always says yes.

]]> By: Gavin Smithhttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-16233 Gavin Smith Mon, 09 Aug 2010 11:34:38 +0000 http://rising.blackstar.com/?p=4369#comment-16233 Those in the acting profession receive 'repeat fees' whenever their film or TV programme is re-broadcast as do composers, musicians etc. A truly professional photographer is an 'Artist' (otherwise we'd all be capable) and should be afforded similar considerations.However, I agree with Paul - there are exceptions for example - as a Hotel General Manager I recently commissioned two pieces of work - the first being to produce a set of four prints of London landscape/architecture to hang on the hotel bedroom walls and the second, to produce a portfolio of some 50 images of various aspects within the hotel (bedrooms, bathrooms, food, bar, restaurant etc) to use in various brochures, promotional material, flyers, hotel website etc.We agreed that the copyright of the London landscapes would remain with the photographer and the copyright for the hotel interior images was ours because they were only for the hotel's use, and relevant only to our particular hotel. Those in the acting profession receive 'repeat fees' whenever their film or TV programme is re-broadcast as do composers, musicians etc. A truly professional photographer is an 'Artist' (otherwise we'd all be capable) and should be afforded similar considerations.

However, I agree with Paul - there are exceptions for example - as a Hotel General Manager I recently commissioned two pieces of work - the first being to produce a set of four prints of London landscape/architecture to hang on the hotel bedroom walls and the second, to produce a portfolio of some 50 images of various aspects within the hotel (bedrooms, bathrooms, food, bar, restaurant etc) to use in various brochures, promotional material, flyers, hotel website etc.

We agreed that the copyright of the London landscapes would remain with the photographer and the copyright for the hotel interior images was ours because they were only for the hotel's use, and relevant only to our particular hotel.

]]> By: Bob Davieshttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-16221 Bob Davies Mon, 09 Aug 2010 02:31:48 +0000 http://rising.blackstar.com/?p=4369#comment-16221 Good post, but don't forget that some photography might fall into the category of 'Work for Hire'. This is most often the case for people employed as full-time staff, but in certain cases may apply to a photographer hired on contract. Any consideration as to whether or not you are releasing your copyright should be written into the contract. Do NOT just assume that you retain the copyright when the contract does not grant the company the ownership, they may have grounds to assume that they own the copyright and leads to issues later. If you want to be sure to keep your copyright of images you shoot, always have it written into the contract that you explicitly retain ownership of the work, or that it is NOT a 'work for hire'. This has been a cornerstone point on a lot of legal cases regarding software IP over the years.To find out more about 'work for hire' check the wiki page: http://en.wikipedia.org/wiki/Work_for_hire Good post, but don't forget that some photography might fall into the category of 'Work for Hire'. This is most often the case for people employed as full-time staff, but in certain cases may apply to a photographer hired on contract.
Any consideration as to whether or not you are releasing your copyright should be written into the contract. Do NOT just assume that you retain the copyright when the contract does not grant the company the ownership, they may have grounds to assume that they own the copyright and leads to issues later. If you want to be sure to keep your copyright of images you shoot, always have it written into the contract that you explicitly retain ownership of the work, or that it is NOT a 'work for hire'. This has been a cornerstone point on a lot of legal cases regarding software IP over the years.

To find out more about 'work for hire' check the wiki page:
http://en.wikipedia.org/wiki/Work_for_hire

]]> By: Thomashttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-5203 Thomas Sun, 14 Jun 2009 14:38:59 +0000 http://rising.blackstar.com/?p=4369#comment-5203 I think it is entirely unpractical to have to pay small copyright fees over and over again. If you think, your one time fee was to small, demand a bigger one next time!You did one job, you get paid once. Dont demand to get paid many times, demand to get paid better. I think it is entirely unpractical to have to pay small copyright fees over and over again. If you think, your one time fee was to small, demand a bigger one next time!

You did one job, you get paid once. Dont demand to get paid many times, demand to get paid better.

]]> By: John Meadehttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-5124 John Meade Tue, 09 Jun 2009 01:58:47 +0000 http://rising.blackstar.com/?p=4369#comment-5124 Nice wake up call. How does one stop this from happening? Nice wake up call. How does one stop this from happening?

]]> By: Paulhttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-5122 Paul Mon, 08 Jun 2009 20:31:43 +0000 http://rising.blackstar.com/?p=4369#comment-5122 While I generally agree, there are exceptions. If I had not relinquished copyright to the German syndicate who sent me to shoot the Athens Olympics, I would have watched one of my best friends get a gold medal placed around her neck from my couch instead of being a few feet away from her. So it varies according to the situation. While I generally agree, there are exceptions. If I had not relinquished copyright to the German syndicate who sent me to shoot the Athens Olympics, I would have watched one of my best friends get a gold medal placed around her neck from my couch instead of being a few feet away from her. So it varies according to the situation.

]]> By: Tammie Dooleyhttp://rising.blackstar.com/what-you-really-lose-by-giving-away-your-copyright.html/comment-page-1#comment-5121 Tammie Dooley Mon, 08 Jun 2009 19:21:00 +0000 http://rising.blackstar.com/?p=4369#comment-5121 Wow! That was a wake up call. Thank you for the alarm. I needed it. Wow! That was a wake up call. Thank you for the alarm. I needed it.

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