What to do about a client who..

Discussion in 'General Shop Talk' started by davidpweis, Aug 31, 2007.

  1. davidpweis

    davidpweis TPF Noob!

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    Wants the copyrights of an image?

    Is this normal?

    Its a model shoot in which the model will be topless. She wants the copyright, but will grant me unlimited use of the images except for commercial.

    What does everyone feel about this. Is this normal to give away copyright?

    Should I charge her extra?

    Comments? HELP>.thanks

    David
     
  2. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    Welcome to the forum.

    I'm no expert but I don't think so. It's much more common for the photographer (or the photographer's employer) to hold the copyright.

    Is there a model release form in the mix?

    What are you charging her to start with? If this is a commercial type shot with a lot of direct income potential...then I'd charge a bundle for it.

    What does she want the copyright for and what are her concerns? Perhaps she is just worried that if she doesn't hold the copyright, her topless photos will soon be splashed all over the internet without her approval. Maybe if you have it in the model release form, the uses that the images may be used for...she will feel more secure about it.

    What are your expectations for the images? Do you plan to make money with them, or are they for your portfolio etc?
     
  3. guitarmy

    guitarmy TPF Noob!

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    No. Do NOT give her copyright. Mike is right.

    The situation should be reversed. As creator of the image, you should retain copyright. Draft up a license for HER to sign so she can use it. You should not have to sell copyright to get a license back.

    Just a tip for the future - decide this prior to the shoot and get it in writing.

    If she demands copyright and refuses to budge, charge her much more than you would normally. If she has copyright, she can do whatever she wishes with the image, which is potentially a HUGE loss of income for you.

    As Mike said, she's probably just worried about her photos going all over the place. Draft up a contract for both of you to sign that makes both parties happy and leaves the copyright with you.
     
  4. davidpweis

    davidpweis TPF Noob!

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    Thanks for your feedback; It seem consistant that I should not provide her with the copyright.
    As an fyi..The images are for her portfolio, and we have yet to shoot;

    I think the most important aspect is to understand why she is making this request, then address it in the contract without providing her the copyright.

    As it turns out, one of her friends told her she should have full use of the images, but she didn't quite understand the terms.

    Thanks again@!

    David
     
  5. guitarmy

    guitarmy TPF Noob!

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    Sounds like you have a handle on things. Have a good shoot!
     
  6. JIP

    JIP No longer a newbie, moving up!

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    I am of the opinion that there is no "normal". If someone wants you to do something out of the ordinary you charge them accordingly or tell them to give someone else their money. Part of doing business is to know when to compromise if you are shooting the shots for her i see no reason why you cannot give her the copyright to them if she pays a high enough price where is the harm really?.
     
  7. Jeff Colburn

    Jeff Colburn TPF Noob!

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    I would suggest never giving away the copyright.

    If you still want to, figure out how the picture will be used (seen a little, in a magazine, some way that will make the model a lot of money) and charge accordingly. Always assume the picture will make more money for the model than you think it will, so charge through the snoot.

    Have Fun,
    Jeff
     

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