Archived posting to the Leica Users Group, 1997/03/17
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]<<<"ONE-TIME USE" for book publishers meant, to him, "ONE-TIME USE for the PROJECT", which, in his terms, included any number of editions and/or printings and any number of languages of the book, as long as it was the same project (book), even if the project stretched over several years.>>>>>> Hi Janet, That's a new one on me, as my understanding is "each item is a separate use." In other words if the photograph is purchased for use in an English language book that is one use and a fee for that. Second time use is the same image in a French or any other language book. Unless, if at the initial purchase "all books" was spelled out as part of the overall purchase contract. And if that were the case then it doesn't matter how many books they print it in! <<<1/ What do you think? Was his opinion correct?>>>>> In my humble opinion and experience of belonging to the MASTERFILE stable of stock photographers since its inception, he is wrong! However I have been known to be wrong myself! :) <<<<<<<2) Is "ONE-TIME USE" a legal term in the photo industry?>>>>>>> I'm not sure about the written legality of the term "ONE-TIME USE" however it certainly is recognized legally as a "working term in the stock industry" and has been accepted by the courts on more than one occasion in my recollection of previous settlements. <<<<3) How long has the term, "ONE-TIME USE", been used in the photography industry and has the term ever changed its meaning since its inception?>>>>>>>> I've been a working photographer for forty years and it was around when I started and it's still used today and I have images out right now to a client on those terms and they know exactly what that means! <<4) Can a stock photo library, where a photographer submits to but has no written contract with, interpret the term, "ONE-TIME USE", as it likes, or does it have to have authorization from the photographer (copyright owner), especially in multiple editions and multiple language printings?>>>>>>>> I have to say you have just nuked yourself! If you do not have a signed contract with the agency, no matter who they are, you are asking them to sell your work in whatever fashion they please. However if they are an honest agency they should be selling the images for the maximum financial benefit of the photographer and themselves. It doesn't make sense to do otherwise. In this day and age it is absolutely necessary to have things in writing, as photographers are always placed at the bottom of the totem pole and get shit on first by everyone! There are too many people out there in the cold cruel world who do not equate the beauty of our work to effort and intellectual feeling and understanding of seeing. These people think we just go "click like their uncle taking pictures! And they're really good!" in their eyes. Us? Well we're perceived as no different than uncle Henry! :( <<<<5) If there are multiple printings or editions and more than one language, does the stock photo agency need to consult with the photographer for permission or just for plain information?>>>>> I would have to say no. Simply because if they are doing their job properly, they are going to be looking after those details for both parties on a make as much money basis and the more the better. You in effect have given them the right to sell your work wherever and whenever without asking you. Unless they get an offer for a complete buy out of the image, then they should call you to discuss how much they are selling it for and are you happy with the amount for an all rights total sell out of say $50,000! That's not $50.00, I really mean $50,000! If you don't like it, then you can say "no I don't want to sell it outright!" They in turn will have you committed! :) <<<<<<I would really appreciate you sharing your opinions and experiences with me because I need to settle a legal argument with another party.>>>>>>>> You might like to have a word with Ottmar Beirwagon in Toronto who has his own agency and started it because he wasn't happy with other agencies. Ottmar had a suit with the city of Calgary a few years back and after that I believe Ottmar is the best source of information in the country, unless you talk to the CEO of MASTERFILE, Steve Pigeon. But he's a tough guy to get a hold of. Sorry I don't have Ottmars' number in TO, but he's in the phone book. And you can use my name that I suggested you call him. He and I have been friends for many years, so it might help you. <<< To all of you R8 owners: we just took possession of an R8 and it has a very good feel and interesting features. It looks like a considerable improvement. What are your experiences so far with this camera? Please let me know.>>>>>> I've been shooting with one since before Christmas and you'll love it! It fits so well in the hands with everything at your finger tips, it's a pleasure to use. I don't have any complaints with it other than I wish they had the motor available now instead of 5 months from now. I was in Vancouver shooting yesterday afternoon and this morning (Monday 17th) with mine and unfortunately it got a bit rained on, but doesn't seem none the worse for it. Hope this has been helpful, ted grant Victoria, Canada http://www.islandnet.com/~tedgrant