Advice for selling limited copywright

Discussion in 'General Shop Talk' started by dpolston, Apr 8, 2007.

  1. dpolston

    dpolston TPF Noob!

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    Okay… I am brand new here and this is a test for useful advice. Let me say that I am not a stranger to taking photos. I was a studio portrait photographer in another life, freelanced for newspapers and I am currently re-starting a commercial photography business.

    This past week I was shooting a field hockey game for my daughters and was approached by my city’s school system’s athletic director wanting to use some of my photos. I normally do not sell my prints other than to individuals and I have never sold a limited copyright to use in advertising (although I am my churches official photographer and I share copyright with them – unusual situation).

    My thought process is to sell limited rights for 3 photographs for $500.00 with the stipulation that I have a “by line” (© 2007 David...). This way I can get the exposure and they get the limited right to do whatever they want.

    What do you think?

    David
     
  2. craig

    craig TPF Noob!

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    Sounds fair. Personally schools and not for profits get the time plus materials deal. This gets very dodgy in that they do have an advertising budget and things can go statewide if not national very fast. My bid would come in at 300 dollars tops.

    Love & Bass
     
  3. darich

    darich TPF Noob!

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    What concerns me is that you'd be selling images of my daughter without permission.
    I presume that although your daughter was playing, you've got shots that you'd sell where she's not the only girl in the image.
    I think selling these may be dodgy without a release from the parents giving permission. If they refuse then you can't sell them.

    Would you like a stranger taking images of your daughter playing hockey then selling them to people you don;t know without your permission?

    I think a release is essential before even mentioning a price. Without that there is no sale.
     
  4. Kingpatzer

    Kingpatzer TPF Noob!

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    You absolutely need a model release for any people in the shot.
    You will probably need a property release from the school board as well, since they, and not the local administrators, typically have authority over school property.

    You'll then want to get your attorney to look over the contract you're signing to make sure you are giving away no more than you intend.
     
  5. dpolston

    dpolston TPF Noob!

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    I usually have a stack of model releases with me. I guess I should have mentioned that before now. I am pretty faithful about getting them signed.
    Yes, my daughters did play but true, they weren't the only girls in the shot. The funny thing to me is that most of the parents are used to me by now and most even ask to purchase prints from me of their children.

    My question is more global. Do you think that a blanket authorization from the school board is enough? I am starting to have the same opinion that say for example a sports photographer might have. If you're covering the NFL to you get releases from all the players, coaches, cheerleaders, fans etc.? I feel that if I am sanctioned by the school board, I'm covered. Up until now, it's been for personal use and resale to the parents. This is uncharted territory for me.

    I'll ask later about covering my booty on recreational little league softball. That's an entirely new topic.
     
  6. Eric Piercey

    Eric Piercey TPF Noob!

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    Lawyers have made life a living hell haven't they?
     
  7. dpolston

    dpolston TPF Noob!

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    What was the joke; What do you call 100 lawyers chained together in the bottom of a lake? A good start? =o)
     
  8. darich

    darich TPF Noob!

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    Are you serious?

    What if you found out i was using all your images as props for my interior decorating company which operates throughout Europe?
    Who would you turn to if i crashed into you in my car and then denied it was my fault?

    I agree they can be a pain but they have their uses.....sometimes!!:lol:
     

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