Question on Copyrights.

[CanonJim]

I think people get confused. 9 times out of 10 a photography is never releasing/transferring their copyright to an image they are giving the client a LICENSE. If you transfer the copyright to the client then it is no longer yours. You can't use it in your portfolio, flyers, etc... without permission from the client.

This is what I do based on what my attorney advised (your location in the world may or may not work like this). I keep the copyright. I give my clients (if they pay for it) digital copies of the photos and a License that they can print out and give to the printer of their choice. The license for retail photography is easy. Basically they can do whatever they want with it except sell the image or claim they took it. 99.999% of the time this is more than enough for Mom and Dad. Commercial clients is a whole other can of worms and something I rarely do.

When a client asks for a copyright they don't really know what they are asking. What they really mean is a license to the photo but since "copyright" is a term they hear a lot they assume that is what they need.

I hope this helps.

Exactly right. Original works are COPYRIGHTED to the 'author', if you will, but individual 'users' are granted a LICENSE to USE the work in a particular fashion or fashions. Copyrights denote ownership, licenses denote useage. E.G., software you buy - you get a license but the copyright is retained by Microsoft, Norton, Adobe, etc.

 

[KmH]

There is also the term "buy out" where the client owns the image....this gets tricky but with a buy out the client owns the image copyright and all.

'Buy out' is a term that can mean different things to different people.

Check out the :: PLUS :: which makes such ambiguous terms as 'buy out' ineffective.

 

[dbvirago]

I've had clients contact me to say that (whatever lab) won't print their (my) photos. This is great because it means the labs are actually respecting the possibility of a copyright. A few have been sued and so the corporate office sends down the message to not print what appears to be professional (without a release). Of course, they are still relying on the front line staff to make the assertion...and that is hit and miss. Plus, it would be easy enough to fake a release, but at least they put in the effort rather than just print anything.

So now, whenever I release files to clients with print rights, I include a signed letter stating the print rights, and I include a digital copy of the letter on the disc.

Yeah, this is what I do, with the rights spelled out in a letter and on the invoice, something along the lines of:

Customer is granted a non-exclusive, non-transferable license to any of the images in any of the ways listed below without further charge.
List of specific rights and/or uses, followed by:

Selling or re-distributing the image is not allowed unless specifically covered under this agreement.

 

[John27]

I've searched the forum and didn't find an answer to this question. Does anybody have an answer on this one?

I am selling an electronic image that I took and it was my intention to sell him the image without limitation, meaning the buyer could take the image and get prints on his own, or upload it to Facebook or whatever. I do not expect that he would use it to make money.

So today he asked me: Do you provide a copywrite release for the photos when emailing the images to us?

Can somebody "read between the lines" for me and tell me what he is really asking and what potential troubles he is anticipating if he buys an electronic image? Will certain printers not print an image if the person did not take it themselves? Do printers ask for a copy of a copyright release for the purpose of printing shots?

What am I missing?

YES--quite a few printers will NOT print images that state they are copyrighted, or even which LOOK like they were professionally-shot, unless the person in the store has some form of copyright release. Large chains (RiteAid, WalMart,etc.etc..) regularly refuse to print what they feel are "copyrighted images". So....your buyer wants, needs, and deserves, a statement that releases copyright to them for printing-out purposes.

Name the file, an ultra brief description, and state that the bearer of the disc has purchased rights to print out the image (as well as any other uses granted, like web, e-mail, screen saver, or even publishing or sales,etc). "That" is what I think your customer is desirous of...

+1! She took it as a compliment, but, my wife and I were out shooting and her little neice wanted to be a model, and my wife took a bunch of pictures of her, playing with different lighting styles and poses. My sister in law (the models mother) wanted to print and hang one of the pictures she took, so I cleaned it up in PP and e-mailed it to her, and she had the hardest time getting it printed! Wal-Mart, walgreens, and even a local camera shop refused to print it without a release.