Re: "ONE-TIME USE"

[Ted Grant <75501.3002@CompuServe.COM>]

<<<"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