Archived posting to the Leica Users Group, 2000/03/24

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Subject: Re: [Leica] Photos on the Web
From: "Mark Rutledge" <markrut@ticnet.com>
Date: Fri, 24 Mar 2000 20:42:28 -0600

Austin,
I'm not sure what type of work you do but signing away all rights,
forever(?) is definitely not the norm. This is not the way it generally
works in advertising photography. The agency generally buys "usage" for an
image, i.e. the right to use an image in a specific way for a limited amount
of time. In some instances, as with images that are product specific, the
term and type of use is unlimited. I have rarely seen abuse of this policy,
if it happens it is generally by mistake and quickly compensated.
As far as a paycheck being the equivalent of a rights waiver, this is a very
touchy subject especially w/ photojournalists. If you ever read Photo
District News you'd see the scary tails of photographers getting taken all
the time.
Maybe a good example would be when a photographer agrees to make an image
for a very low fee, say $500. The shoot is simple, it will only used in a
very limited way, and the client has little money, so the photog. doesn't
have a problem w/ the deal. The client loves the image so much they use it
for years, on everything from websites to coffee mugs. In short, it makes
them a lot of money. Is this fair for the photographer?
As far as other fields, I think the discrepancy is that photography can be
considered art and lumped w/ other "creative" occupations.

Mark Rutledge
markrut@ticnet.com