Licensing Question regarding a non-profit client

[18.percent.gary]

I recently agreed to volunteer my time to take the photos of adoptable animals for my state's SPCA organization. The images will be used on their website. It has yet to be determined if I will be considered a part-time staff member, or rather an outside contractor donating my services.

I would prefer to operate as a contractor (and will pursue this route going forward) and retain the rights to the images and provide them with a commercial license, free of charge. Has anyone had any experience providing licenses to a non-profit? Is there any special verbiage I should consider using for such a commercial license?

Any thought or insight would be appreciated. Thanks!

 

[KmH]

No.

 

[tirediron]

It's by no means bullet-proof, but this is what I use for NPs. Depending on the nature of the NP, I may limit the period of license, but generally when I give it to them, I give it to them.

"<Organization name> is granted, in perpetuity, a non-exclusive and non-transferable license to use all of the images <description, shoot-sheet, etc> in any medium and quantity desired so long as it relates to and supports the cause of <Cause>. The photographer retains all rights to the image and may use them as desired. The client may not alter or edit the images in any way, except for minor cropping and or resolution changes to suit the desired medium."

 

[orljustin]

Well, if you're volunteering, you're not an employee or a contractor. You're a volunteer. You're taking pictures of animals so they get adopted. Once they're adopted, the images get tossed. Don't be a pain - just go shoot, give them the images and be happy you helped.

 

[ruifo]

Just treat the images as copyleft. I did this many times already. I go copyleft on your my volunteer shooting (which is quite often)!!

 

[tirediron]

Well, if you're volunteering, you're not an employee or a contractor. You're a volunteer. You're taking pictures of animals so they get adopted. Once they're adopted, the images get tossed. Don't be a pain - just go shoot, give them the images and be happy you helped.

Not necessarily the case at all. What does your insurance say about this? What does the organization's insurance say about this? Is there any formal paperwork? I have done lots of volunteer work as an "unpaid contractor" and similar such titles. There is absolutely NOTHING wrong with covering your bases and having the paperwork done. This is NOT being a pain, it's doing things correctly and covering both you and the organization. It's entirely possible that the OP will deliver the adoption image of all adoption images, and the major sponsor that was going to give them a fortune backs out because they can't use the image due to lack of a paperwork.

 

[18.percent.gary]

"<Organization name> is granted, in perpetuity, a non-exclusive and non-transferable license to use all of the images <description, shoot-sheet, etc> in any medium and quantity desired so long as it relates to and supports the cause of <Cause>. The photographer retains all rights to the image and may use them as desired. The client may not alter or edit the images in any way, except for minor cropping and or resolution changes to suit the desired medium."

Thanks for that... that was the kind of wording I was trying to come up with on my own. It matches my intentions pretty well.

Well, if you're volunteering, you're not an employee or a contractor. You're a volunteer. You're taking pictures of animals so they get adopted. Once they're adopted, the images get tossed. Don't be a pain - just go shoot, give them the images and be happy you helped.

Even though there's no salary involved there is still quite a bit of forms and paperwork involved. This particular non-profit is modeled on a typical corporate structure and operates as such. Contracts, releases and licenses are just as important in volunteer work as they are in paid shoots... always CYA. Also there are certain tax implications depending on if you work as an "employee" or an independent contractor for a non-profit.

 

[vintagesnaps]

I'd still get things in writing even if the time and photography service is being donated. It seems to me it would be a contracted service, that you wouldn't be considered an employee.

I think it's necessary to maintain control over how your images will be used regardless of what it's for. What came to mind is twice now there have been reports on the local news of scams involving someone selling puppies and the sales were fraudulent. All it takes is a scammer to find a picture of a cute puppy...

You could try American Society of Media Photographers or PPA to find some resources.

 

[orljustin]

"Also there are certain tax implications depending on if you work as an "employee" or an independent contractor for a non-profit."

Like what? Donated time is not deductible.

^ and scammers are going to scam. That has nothing to do with how you give the content to the center.

 

[dennybeall]

If you're not getting paid, you're a volunteer. Most charitable organizations have a Volunteer Form to cover you and them. I would add a simple agreement that they can use the images but you still retain ownership so you can use them for something else.

 

[18.percent.gary]

Thanks for the additional input guys... they approached me at a pretty busy time in my life (changing day jobs, closing a big property sale, etc) and I've kind of put them on the back burner for now. I requested their volunteer forms and paperwork to review before I come up with a plan on how to address licensing.

Just to be clear, I assume that if I sign paperwork declaring myself as a "staff member" they will own the rights to any images I may take for them automatically. If I'm a contractor then I own all rights and can control them as I wish. Once it's all figured out I'll update the thread for anyone else who may come across this scenario.

Like what? Donated time is not deductible.

Time is not deductible, but certain goods and products are... I'm not sure about digital images used for marketing purposes but if I normally sell similar licensed images for $xx a piece then there are tax considerations.

 

[orljustin]

No, you can't donate $10000 worth of licensed images and deduct that. Nope, definitely not. Otherwise, I'd run around giving discs to churches or scouts and pay no taxes.

 

[vfotog]

Thanks for the additional input guys... they approached me at a pretty busy time in my life (changing day jobs, closing a big property sale, etc) and I've kind of put them on the back burner for now. I requested their volunteer forms and paperwork to review before I come up with a plan on how to address licensing.

Just to be clear, I assume that if I sign paperwork declaring myself as a "staff member" they will own the rights to any images I may take for them automatically. If I'm a contractor then I own all rights and can control them as I wish. Once it's all figured out I'll update the thread for anyone else who may come across this scenario.

Like what? Donated time is not deductible.

Time is not deductible, but certain goods and products are... I'm not sure about digital images used for marketing purposes but if I normally sell similar licensed images for $xx a piece then there are tax considerations.

If you're not receiving compensation, you're not really a staff member or a contractor. The images are of animals they are trying to get adopted? I wouldn't really consider that marketing. What would you want to use the images of the animals for? Commercial usage? Of course, if an animal is adopted, you don't have a property release anyway from the new owner. I suspect the SPCA could find someone who would truly volunteer and donate the images.

 

[18.percent.gary]

I signed the paperwork today and I'll be working as an independent contractor under the Marketing Manager... so there you go. I got some good help with the contract and commercial license over on the FM forum and there are quite a few differences that I wouldn't have considered, but too long to go into here.

Their tax lawyer says that you can deduct prints and electronic images on your taxes but it wouldn't work for me. The amount you can deduct is either the fair market value (what I would normally charge) or the actual value of the product... which ever is SMALLER. So in my case the electronic images would only be worth the value of the electrons that make them up lol. Prints can be deducted for the cost of the lab fees.

I'm not sure why so many people think that I'm looking at this as some sort of money grab on my part, it's kind of insulting. I volunteer with a few charities and take them all very seriously. I also like to dot all the "i's" and cross all the "t's" whenever I do something business related. I'm a pilot and volunteer my time and my airplane flying missions for Angel Flight. You can't image the paperwork, tax and insurance implications involved with that operation.