Rights to the Pictures?

[misschristina95]

Hi all,
I am new here, and have some questions. I did my first paid photo shoot this morning! Yay! It is for a restaurant for some possible ads.
My question is, the owner told me he wants all the rights to the photography. So what exactly does that mean?
NORMALLY, I would post my pictures to my website, but in this case, I'm not sure I'm allowed to.

Also, does that mean that I can't put my logo on the pictures as I would normally do?
Thanks for your input.
Christina

[TPF Sponsor]

[Bossy]

Did you do a contract before the shoot?

[manaheim]

^ what he said, but by default you own all rights to your pictures unless you give/sell them away.

If your client paid you, then you have a mess on your hands. If he didn't then you still have a mess, but a bit less of one. (always get a contract ahead of time, even a basic one)

What you should probably say to your client is that you retain all rights to your photographs but that he will have a limited usage license that will allow him to incorporate the images into his various marketing and other materials. The term of that usage license will be indefinite and not require him to pay any annual fees or anything of the sort. You require only that he do not use the images in a pornographic, defamatory or otherwise inappropriate manner to maintain the license.

Honestly, you could probably print that up almost word for word and have him sign it and you'd probably be better off than where you are now.

Note: I am not an attorney, and you're best off consulting one.

[orljustin]

Hi all,
I am new here, and have some questions. I did my first paid photo shoot this morning! Yay! It is for a restaurant for some possible ads.
My question is, the owner told me he wants all the rights to the photography. So what exactly does that mean?
NORMALLY, I would post my pictures to my website, but in this case, I'm not sure I'm allowed to.

Also, does that mean that I can't put my logo on the pictures as I would normally do?
Thanks for your input.
Christina

omg.

[misschristina95]

OMG is right.
I do not have a contract. I was so excited when I got the job and he offered to pay me more then I was asking- and he asked for three different photo sessions... all which was more then I was expecting... And the guy made me a little nervous, because he was very abrupt... anyway...

I showed up when we agreed, and the owner didn't even show up. The kitchen manager was there and didn't really know what was going on, so I just did what we had discussed earlier the previous week. It was strange that he wasn't there.
To answer your question, he has not paid me yet.

I am just asking for future knowledge.... if I lose these pictures it would not be the end of the world. I did not expect him to say that he wanted all the rights to the photography... and I didn't really know how to respond, and he barely let me say much as it was anyway.
Thanks for the HELPFUL answers!!

[orljustin]

He wasn't there, so he doesn't really care. He hasn't paid you yet, so he has no right to use the content. You have no contract. All in all, I would just tell him you've decided not to continue with this "job", and next time, create a contract specifying things like payment, licensing rights, etc., so you don't look like you just bought a camera last week and started a "business".

[Big Mike]

As mentioned, the most important thing (going forward) is that you discuss this sort of thing ahead of time and put it in writing...a contract.

As for what you should do in this case...I'd suggest giving them full rights to the images, once you are paid (of course).
Get your money, give them a disc with images and be done with it.

What could you hope to gain by holding onto the rights? It's not like you're likely to sell the photos to someone else, is it?

If you want to use the photos for your own portfolio, then tell them that is what you're going to do. At this point, you have full control over the images and you can decide which rights you want to sell/transfer to them.

[tirediron]

As for what you should do in this case...I'd suggest giving them full rights to the images, once you are paid (of course).

I'm going to disagree Mike, I would suggest offering them an unrestricted usage license (That is: They can use the images however they like), BUT you retain the copyright AND the right to use the image for self-promotion, professional accreditation, portfolio etc. My guess is that the person who commissioned you didn't really understand what was meant by "all rights".

[Joey_Ricard]

As mentioned, the most important thing (going forward) is that you discuss this sort of thing ahead of time and put it in writing...a contract.

As for what you should do in this case...I'd suggest giving them full rights to the images, once you are paid (of course).
Get your money, give them a disc with images and be done with it.

What could you hope to gain by holding onto the rights? It's not like you're likely to sell the photos to someone else, is it?

If you want to use the photos for your own portfolio, then tell them that is what you're going to do. At this point, you have full control over the images and you can decide which rights you want to sell/transfer to them.

I agree! What could you possibly want with these images after the fact? Maybe use them in your portfolio, sure. Ask him if that is ok, if not, then don't.

[misschristina95]

Thanks for all the input.

The reason I don't really care if I lose these pictures is that they are just your everyday pictures of the cooks. Can't sell them to anyone.... but the pictures he had talked to me about doing on the other photo shoots, I could put in my portfolio, since I have never done any "food" photography before... it would be nice to show it off....

Do you guys just write out a contract? Or go home and type one up? Where do you get a contract from? If you go home and type it up, should I have just left when the owner did not show up or continue with the photo shoot without the signed contract? Soo many questions!

Thanks again,
Christina

[Big Mike]

A contract really should be drawn up by a lawyer. Or at least, do it up yourself and have a lawyer look it over for you.

There are many references for sample contracts (Google is your friend).

I'm going to disagree Mike, I would suggest offering them an unrestricted usage license (That is: They can use the images however they like), BUT you retain the copyright AND the right to use the image for self-promotion, professional accreditation, portfolio etc. My guess is that the person who commissioned you didn't really understand what was meant by "all rights".

That sounds better.

[KmH]

You retain the copyright because you just never know what may happen in the future.

A retail photographer in Louisiana shot a lot of the local high school seniors. His contract contained a valid model release and a well written use license (print release).

One of the high school boys he had had as a client gained some notoriety by marrying a high school girl friend several years later, though the marriage was annulled just 50 some hours after it took place.

The girl was the famous pop singer Britney Spears, and the media was going nuts looking for images of the boy. needless to say the retail photographer in Louisiana make some extra $$$$$'s off of the high school senior shoot of the boy.

Christina - visit www.copyright.gov and learn about the only thing of real value a photographer has to sell.

Also visit www.asmp.org and click on 'Business Resources' ther on the left of their home page if you plan to continue doing photography for pay.