Weird copyright situation...
LayneMarie-Tiffany
Registered Users Posts: 8 Beginner grinner
I will be doing a cattle show this year (brand new to me). Last year the previous person did banners for the champions and runner ups (pardon that I don't know what they're called)... she sold them to the company doing the event and the company gave them to the winners.
So I got onboard and said I would take care of doing the posed shots, try to get the candid shots and that I could probably do the banners as well (just trying to find a place that does them which is another thread already posted)
Now I just got an email today from the girl in charge saying that the banners will be done through the other lady so that she won't be mad. Apparently the other photographer was going to find someone to cover and then didn't or the person didn't call or whatever happened so neither of them are doing it.
My issue is that these photos will belong to me and she is going to be making money off of the banners. So should I allow this to happen only if there's a fee in it for me? Or should I say no way to letting her do the banners at all?
Thanks! And sorry so long!!
Tiffany
So I got onboard and said I would take care of doing the posed shots, try to get the candid shots and that I could probably do the banners as well (just trying to find a place that does them which is another thread already posted)
Now I just got an email today from the girl in charge saying that the banners will be done through the other lady so that she won't be mad. Apparently the other photographer was going to find someone to cover and then didn't or the person didn't call or whatever happened so neither of them are doing it.
My issue is that these photos will belong to me and she is going to be making money off of the banners. So should I allow this to happen only if there's a fee in it for me? Or should I say no way to letting her do the banners at all?
Thanks! And sorry so long!!
Tiffany
0
Comments
Actually more of a licensure problem.
I guess it depends on what you and the company who hired you agreed upon in your contract.
If you licensed all rights to the company, then they can do what they want with them, including paying someone else to use your photo to make a banner.
What does your contract say?
Don't have a contract yet. I just got the details and agreed on a cover price for me to come and shoot. I have a meeting to go over my contract with them next week, but because I haven't done this before, I'm trying to make sure I have everything. My understanding from our conversation was that all rights remain mine and I set my own prices for print sales.
I do have to provide files of winners to 2 magazines and 1 newspaper. That's one thing I'm not sure how to include either. They are small publications. I am ok with receiving a photo credit and giving them the files for no additional charge to run in the publications, but I would like to know the correct way to write that in the contract.
It seems like everytime I think I'm done, I think of something else that needs to be changed in the darn thing.
Thanks so much,
Tiffany
What do you mean a by a "cover price"?
What does the 'cover price' include?
So, what you need to do is be clear in your contract about how much money you are to be paid for which specific services/photos. Take into account the time you spend shooting, the time you spend post-processing , and the actual product that changes hands.
You might want to charge a certain amount for showing up and shooting all day, and that amount would include a certain number of files on a cd, which they can use for the newspapers, banners, publicity, etc- or a certain number of photos of a specific size for their use - you need to also specify what the photos will be used for and for how long.
So, for example, you might charge them $$$$ for spending xxx hours covering the event, and then license them the use of xxx photos for use in newspapers, their own publications, their website, and to put on banners, for the period of 1 year from the date of the event, for the cost of $$$.
Also specify in the contract that will be able to sell photos to participants after the event.
I would have a meeting with the person hiring you, discuss what they need , take notes, and then tell them you will get back to them with a contract.
Put everything you agreed upon in the contract, and both sign it.
You might want to take a deposit.
About the banners, not sure exactly what your concern is with them- if you have sold your photos to the company, then you have already been paid for them, so if the company then wants to turn around and pay someone else to put them on banners, it shouldn't matter, because they are not paying someone else for the use of your photos, they are only paying them to put your photos ( which they have already paid you for) onto the banners which they will then turn around and give to the winners?
If you haven't agreed on terms or signed a contract yet, then the ball is in your court. It's up to you how you license your photos to them and for what price.
After discussing it with them a little more, they seem to be the type that would rather shoot it themselves.
I will however give them my price for each of the things they need and we'll take it from there.
What's the best place to find information on costs for licensing?