Using my Photos for a CD / Flyers

Discussion in 'General Shop Talk' started by j-digg, Apr 9, 2009.

  1. j-digg

    j-digg TPF Noob!

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    OK, so I recently shot a good friends concert ( can be seen here ) and I have sent them out to the fanclub via e-mail, and already I've seen multiple flyers up and around that they have made using my photographs. Now, I don't expect any kind of kickback from the flyers, because there is no direct profit to be made from them, along with the fact that I fully support the band but some sort of recognition would be nice, perhaps I should've put a watermark on them before I released the pictures? I spoke to some of the people that put the flyers/posters together, was very nice about it, but they basically took it all as a joke. This frustrated me. Being the mediator that I am ;) I came up with the idea to encourage them to use my original file, and not the compressed image I sent in the e-mail because they would be able to blow it up much larger and it would be of better quality etc. I also offered to make them myself. (Because what they came up with was not at all impressive anyhow haha.) I was just wondering if it would be a pretty normal thing to put something along the lines of "Photograph by _________" in the corner of the photograph in small print. What would be a common watermark of someone who doesn't have a business together?

    This band is also coming out with a CD very soon and as of yet does not have any cover art or anything planned for the inserts. They are quite interested in a good amount of my pics for this. What would be a typical kickback for this? ( if any ) Although having my pics be ackowledged in the credits is very cool by itself in my eyes. :)

    The pics may not be professional or anything.. but hey! the band liked them.
     
  2. KmH

    KmH Helping photographers learn to fish Supporting Member

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    A good place to start would be U. S. Copyright Office.
    Because you emailed the images out to the fan club you basically gave up your legal right to the images.

    An image does not have to say anything on it to be copyrighted in the United States. When it comes to other countries different rules apply.

    The official format for a copyright watermark is © 2009 j-digg photography All Rights Reserved Someplace, ST. You make the copyright symbol by holding down the alt key and typing 0169 on the number keypad. You can always just do (c) also.

    For use of your images you don't get a kickback. Kickbacks are not legal in many jurisdictions and are at best an unethical business practice.

    Instead you sell a usage rights license for your image(s). The use license spells out exactly how the client is allowed to use the image, geographicala boundries like in the United States only. You can limit the number of CD's your CD is used on, say 5000 to start. If they want to continue using your image for another 5000 CD's they have to buy another license from you. You would also want to stipulate that you retain the copyrights and all other rights including selling the same image to other clients. You could grant them exclusive use of your image, but that costs more.

    I hope some of that is helpful to you.
     
  3. j-digg

    j-digg TPF Noob!

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    Thank you KmH.. very helpful very helpful indeed
     

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