Giving copyright release to clients

AmberNikol

TPF Noob!
Joined
Feb 17, 2011
Messages
100
Reaction score
5
Location
PA
Website
www.facebook.com
Can others edit my Photos
Photos OK to edit
Just wondering what everyone's thoughts are on giving out the copyright release for your images.

I was approached to do a 1st Birthday Event and a Smash cake session beforehand. The client would like the copyright release so that she can use them for her own guestbook(she's very crafty person) I've been going back and forth on what I should charge her. Normally, I only give copyright releases for weddings and that's usually a $250.00 fee on top of the fee for the wedding itself. I'm still in the stages of getting my business off the ground so I can charge a little less for things. I was wondering what everyone thought if I did the smash cake session for $50, includes 10 copyright release images and $250.00 for the 1st Birthday Event with 200 copyright released images. a $300.00 charge total. Would you consider that a fair price? For the fact that I'm not well known yet. Also mention that she is going all out on this event and is having it at a winery. About 40 people or so. She wants a photobooth for guests to get their picture taken and all pictures of general event. What are your thoughts?
 
I wouldn't sell a copyright for $2500, never mind $250. What you want to give them is a rights/usage release that spells out exactly what they are allowed to do. If you give them a copyright, they can do ANYTHING they want (almost) with the images.

As far as what is a fair price for you, there are really too many unknowns. I don't know where you are (other than generally), I don't know what the market is like there, I don't know what your skill level is, I don't know how much experience you've had, but to be blunt, the prices you are listing scream "Craig's List".

I'm sure KmH will be along shortly; he's a wealth of information on US copyright.
 
You're going to piss off a lot of the 'old men's club' but flexible licensure is becoming more popular among younger startups as the market demands it. IMO, having some flexibility is one way which young talent is able to compete with the propho establishment.

I would however be weary of how you release a copyright, and a full transfer will potentially leave you with no rights at all. My advice to you is have your attorney draft a end use license that is appropriate to your needs. While I believe that "good 'ol days" of ripping off customers for reprints are over, photographers should still retain rights to use photographs they make.

Just to note. When I was doing advertising I always worked "for hire". The copyright was technically transfered to them, with a written property transfer agreement, once the final product was delivered but I retained also some usage rights for promotional purposes.
 
The market might demand it, but remember most people demanding it haven't got a clue what it "really" means nor how to work with image files to get anything meaningful out of them. They just know they can demand it and some photographers will roll over and give it out.

First up remember if you give them copyright that is all your prints profits gone.
Secondly if you give it to them you can fully expect your name and your photography company to be associated with whatever prints or resizes (with snazzy filters) they put out on their desks or up on facebook. In short you run the risk of releasing to the client the ability to damage your reputation based on the quality of the product you produce (remember if the prints fail its not the clients fault they don't know how to print its the photographers fault).

You can certainly price your setup to take far more up front for the sitting fee and then give print ready copies with a print licence to the clients. You could even throw in some websized versions for facebook. Downside is it increases your charging fee and means that you don't have a chance to pitch a sale of prints after the event.
Also if you give them print ready photos you'll have to give them print advice (if its normal practice you can put a read me file into the photo folder on the disk) you can also pass on the names of reputable labs which you've colour and aspect pre-pared the photos for.
 
That's really great advice Overrad. Thank you fo that. It's good to get another person's opition because I really didn't even think of it like you did. So thank you.
 
This is what a retail photography use license (print release) is like:

Print Release - Use License

All images © 2012 {name or studio here}, All Rights Reserved. This Use License shall be governed by the laws of the State of _________.

I, [name or studio here], as copyright owner of these images, grant a lifetime, personal, non-commercial use license to____________________and their immediate family, to print or have printed (no larger than (whatever size, if any)) reproductions of these images for display in their home and workplace only.

Online Use

{name or studio here} has provided web sized and watermarked images for exclusive use on social networking web sites that are not owned by____________________ and their immediate family. No other online use is granted. Removal of the watermark from these web sized images, or any other violation of any of the other terms, will constitute a breach of this entire Print Release – Use License, rendering it null and void in its entirety.

Copyright Information

Please remember that because these images are protected by United States Federal Copyright laws they may not be altered, copied, transmitted or used in any way not stipulated above without prior written consent of the copyright owner, {name or studio here}.
These images may not be entered in any photography or other competition or contest without the expressed written consent of [name or studio here]. Commercial use of the images is prohibited.
No waiver by either party of any of the terms or conditions of this license shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers are only applicable when they are written. There will be no verbal waivers to this agreement.

The Photographer hereby warrants that he (or she) is the sole creator of these images and owns all rights granted by law.

[Name or studio here]
Address:
City, State:
Phone:
Email:
Authorized Signature:
 
Last edited:
ooh thanks Keith! I was looking online for something like that, thank you!
 
You cannot use the term 'copyright release' because legally it implies you are giving away your copyrights.

Copyright is actually a bundle of exclusive rights, making copyright potentially very valuable. Because of copyrights potential value the US federal government grants copyright to the creator of intellectual property (like photographs) for the life of the creator, plus 70 years, so the copyright owner can pass the benefits of their copyright on to their heirs.

www.copyright.gov
 
KmH said:
This is what a retail photography use license (print release) is like:

Lol where did you find that nice lil tin bit
 
If you give them the copyright, you might as well hand over your RAW files, too. If they're looking to post on FB then a usage release is all they need. It doesn't matter if you're new, $250 for copyright is highway robbery. You realize they can take your images, run them through whatever the latest Picnik program there is and there's nothing you can do about it?
 
Last edited:
Almost anyone that asks if they get copyright has no idea what they are talking about, they probably heard they should ask for it in some online forum somewhere. What they really want is rights to print the photos and share them online. I include that kind of release with most of my wedding shoots, but I never, ever release copyright. I retain ownership, and get a model release from all my clients. If I didn't do that, I would be SOL for using any of those images in my portfolio.
 
Another option is joint ownership. But that is prob. not appropriate except for certain commercial clients.
 
KmH said:
This is what a retail photography use license (print release) is like:

Lol where did you find that nice lil tin bit
It has evolved over a period of about 10 years.

Since it is for retail customers, it is far simpler than a commercial use license.
 
Last edited:
A commercial use license is more like a rental agreement than a print release is, since commercial usage is usually for a very much shorter, specific time period.

I don't often write commercial use licenses for longer than 12 months, but I will indicate to a client in writing approximately how much subsequent years of use will cost, so they can more effectively budget for the extra time.
 
Seems like a costly headache to enforce. But my professional background is a little bit different, and I really need to remember that.

Still, handing over a copyright is never a good idea.
 

Most reactions

New Topics

Back
Top