Archived posting to the Leica Users Group, 2004/10/28

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Subject: [Leica] What should a photo release look like?
From: mail at gpsy.com (Karen Nakamura)
Date: Thu Oct 28 17:44:30 2004
References: <4cfa589b041028160040f9558b@mail.gmail.com>

>I sent him a JPEG of the image which he liked and showed to his
>publisher who immediately sent a release form (as a jpeg for some
>reason) that seems unnaturally broad and vague.

Huh? It shouldn't even be phrased as a release or copyright transfer 
(the worst) but as a licensing deal. You are licensing rights to them 
for the book.

It's always best to be preemptive and send them a contract before 
they send you one. Their one will always be worse for you.

For the photos I've sent out, I've made a commercial invoice and put 
my licensing terms in the memo section of the invoice. Usually it's 
been something like: Use of the photographs described above are 
licensed only for use in the ABC article  in the print version of the 
May 2004 Issue of XYZ Magazine. Digital use or republication in print 
form will require relicensing.

But these have been local magazines that are friendly. I'm more 
worried about incompetence than anything else.

You should clarify that if your photograph is to be used in online or 
print promotional material related to the book or in the soft cover, 
that they will need a separate license.

If you have a good image, play hardball. And register the copyright 
of the image *NOW*.  That way they can't take the same photograph 
with the same pose in the same location.


Karen


-- 
Karen Nakamura
http://www.photoethnography.com/ClassicCameras/

Replies: Reply from ruben at rhodos.dk (Ruben) ([Leica] What should a photo release look like?)
In reply to: Message from abridge at gmail.com (Adam Bridge) ([Leica] What should a photo release look like?)