Question on limiting photo rights.

docbell

Last summer I was asked to do the photography for the Reno Rodeo Cattle Drive (http://kbell.smugmug.com/Reno%20Rodeo%20Cattle%20Drive%20Photographs%202007. A local magazine (Reno Magazine) has requested the use of some of the photos for an article in the upcoming May/June eddition. Below is a paragraph from the contract they sent me to sign:

"The Work will be a work made for hire under the U.S. copyright laws. If a court determines that this agreement does not provide for the creation of a work made for hire, then you agree to give the Newspaper, Gannett co., Inc., its affiliated corporations and licensees exclusive publication rights of your Work in the Newspaper, as well as the exclusive rights to reproduce, edit, adapt, modify, perform, transmit and otherwise use the Work, including any derivative works created therefrom, in any manner or medium throughout the world in perpetuity without additional compensation. This includes, but is not limited to, the right to reproduce and distribute the Work in electronic or optical media, or in CD-ROM, on-line or similar format."

I am a veterinarian by trade, not a professional photographer or attorney, but I think I'm going to submit the contract with an asterisk at the bottom, essentially saying I authorize the use of the photos only in Reno Magazine. The contract to me essentially says that the photos used will no longer be mine, but instead Gannet co, Inc's for their use whenever/whereever they see fit (without any further compensation).

So my question to all this is: am I worrying to much about protecting my photos??? Is my change to their contract something they normally would deal with, or am I just being a pia to them???

Any advice regarding this would be appreciated.
Thanx in advance, Kevin.

Angelo

Kevin:

Handing us one paragraph from a document and asking for input is like handing me an egg and asking if I like the cake.

Need more info.

The fact that they're asking permission in advance is a very good sign and I don't think conditional restrictions applied by you is inappropriate.

Art Scott

Angelo wrote:

Kevin:

Handing us one paragraph from a document and asking for input is like handing me an egg and asking if I like the cake.

Need more info

Angleo you are soooo correct!!!!

Kevin:
You really need to take it to a lawyer for clairification.

docbell

Angelo wrote:

Kevin:

Handing us one paragraph from a document and asking for input is like handing me an egg and asking if I like the cake.

Need more info.

The fact that they're asking permission in advance is a very good sign and I don't think conditional restrictions applied by you is inappropriate.

Angelo, the agreement they sent me is a full page. The reason I only handed you one paragraph is because that is the only paragraph of the aggreement that has any relevance to the subject of this thread. I really didn't think I needed to bog down the thread by including the information pertaining to taxes, workers comp, employee benefits, originality of the work... to get opinions pertaining to photo ownership. In your terms, I really wasn't looking for input on the cake, just the egg given to you.

Kevin.

Icebear

I would never, unless there was a substantial amount of $$$ coming to me, agree to let an image of mine be considered a "work made for hire." I'm sure an attorney will wade in here, but essentially, you are agreeing that they hired you AS A defacto EMPLOYEE to take this shot, and they own it, lock stock and barrel. Uh uhhh.

I suggest you google "work made for hire" and see what you get.

I suggest you send them a letter saying you will grant them "unlimited, non-exclusive license to the image" for $xxx.xx. That way you retain your rights to the image. With a "work done for hire" they own the copyright to the image.

Sam

docbell wrote:

Last summer I was asked to do the photography for the Reno Rodeo Cattle Drive (http://kbell.smugmug.com/Reno%20Rodeo%20Cattle%20Drive%20Photographs%202007. A local magazine (Reno Magazine) has requested the use of some of the photos for an article in the upcoming May/June eddition. Below is a paragraph from the contract they sent me to sign:

"The Work will be a work made for hire under the U.S. copyright laws. If a court determines that this agreement does not provide for the creation of a work made for hire, then you agree to give the Newspaper, Gannett co., Inc., its affiliated corporations and licensees exclusive publication rights of your Work in the Newspaper, as well as the exclusive rights to reproduce, edit, adapt, modify, perform, transmit and otherwise use the Work, including any derivative works created therefrom, in any manner or medium throughout the world in perpetuity without additional compensation. This includes, but is not limited to, the right to reproduce and distribute the Work in electronic or optical media, or in CD-ROM, on-line or similar format."

I am a veterinarian by trade, not a professional photographer or attorney, but I think I'm going to submit the contract with an asterisk at the bottom, essentially saying I authorize the use of the photos only in Reno Magazine. The contract to me essentially says that the photos used will no longer be mine, but instead Gannet co, Inc's for their use whenever/whereever they see fit (without any further compensation).

So my question to all this is: am I worrying to much about protecting my photos??? Is my change to their contract something they normally would deal with, or am I just being a pia to them???

Any advice regarding this would be appreciated.
Thanx in advance, Kevin.

Doc,

First, I don't think you can have a retroactive "work for hire" arrangement.

Therefore I wouldn't sign over all rights, to a photo you have already taken, without a SUBSTANTIAL amount of $$ coming your way.

I would let them know you would be interested in licensing the images they want for their intended use, and ask them for the intended use.

If they have no interest in talking about a more limited (reasonable) rights agreement, then you have a choice to make. Accept a $1.98, and have a photo, you previously owned, published, or decline, and let them search elsewhere.

Sam

Angelo

docbell wrote:

Angelo, the agreement they sent me is a full page. The reason I only handed you one paragraph is because that is the only paragraph of the aggreement that has any relevance to the subject of this thread. I really didn't think I needed to bog down the thread by including the information pertaining to taxes, workers comp, employee benefits, originality of the work... to get opinions pertaining to photo ownership. In your terms, I really wasn't looking for input on the cake, just the egg given to you.

Kevin.

well in that case the egg, me thinks, is rotten

It would appear they've proffered an agreement containg boilerplate not germaine to this particular project. As an alternative you might consider submitting a license agreement (examples abound on this site for you to review) that spells out the terms acceptable to you.

good luck