Archived posting to the Leica Users Group, 2001/01/03
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]One of the most difficult concepts for the photo buying public to comprehend is that when a self employed or freelance or amateur photographer takes a photograph of something, the photographer owns outright, all rights of the photograph. When a client has a photograph made of his widget, the photographer owns the photograph of the widget and the client can use the supplied print or transparency only for the contracted use. The client cannot use it for any other use even though it is of his widget. As a photographer, if a client comes to you and says "I need a photograph of these shoes for an ad in our regional magazine "The Monterey Quarterly" and you say OK, it'll be $500.00 for the job. And the client places the shoe photo in his magazine ad. Then six months later you see your shoe photo in a national magazine, or a billboard, or bus stop poster, wherever... you, the photographer, can sue the daylights out of the client for basically stealing your photograph and using copyrighted material without permission. Even though it is a photograph of his shoes and he paid you to take the photograph. YOU STILL OWN ALL RIGHTS. The client owns nothing. He/she has to contract with you (pay you) again for another use. And if it is in a national magazine, the price for use goes way up. This is not inconsistent with a fine art photographer, taking a photograph of a beautiful landscape, making 100 30x40 LightJet prints and having at the most $200 in each finished, mounted, framed, ready to sell print, and selling them for $1500 each. If the photographer made them one at a time, it would cost him nearly $500 to produce the same finished product. And when the customer buys your fine art work, the work cannot be copied or used anywhere for any reason other than it's intended use. Hanging on the wall or similar use. He/she CANNOT take a digital photograph of it and put it on his/her web page. They can take a photograph of it for insurance purposes, or to show to their friend, but cannot USE that photograph of the art work for any display or sale purpose. The freelance photographer owns all! The photographer working as an employee of a company and taking photographs for that company, owns nothing. Jim