Licensing Images

[Warren_L]

I'm hoping you guys can help me out. I've been approached by a local newspaper to use some of my images for an article they are publishing. They are going to be compensating me (albeit fairly little), but I was wondering more about what sort of agreements need to be signed by either party regarding the use of the image for this one time, etc. I guess what I want to prevent is them using it for more than just the article.

Does anyone have any experience in this sort of thing? I've donated the use of my pics before for various non-profit types, but this is really the first commercial request.

 

[Scubatooth]

warren

just how much are they offering and what part of the newspaper is it going to me in? as this makes a difference as some images are worth more then others

well for one in the agreement there needs to be a statement like this is not a transfer of copyright but a time limited useage agreement. everything needs to be in that document from price per image being paid, numbers of copies being run, rerun costs, etc as your dont want any grey areas that the paper can wiggle through to use the image again without paying

also just as a reccomendation even if basically giving away images to a non profit there still needs to be a written agreement between the two parties so that there is no gray areas in the agreement.

for me when im doing paid work the contract states everything and possibilities as i dont want to get burned ifa client tries to do something and not pay for it (happened with a non-profit i worked with that decided to sell my image to a pharmicutial rep without telling me , fortuantely i found out in time to stop the deal). its sad in this day and age that everything has to be spelled out like that but its neccesary because of people who have infringed and stolen peoples work.



if you have any other questions feel free to PM me

Tooth

 

[MarkH]

For most things like that, unless there is big money involved, I find it best to accept a verbal agreement. If you show up with a lawyer and demand a 20-page contract, chances are they'll say "forget it" and go somewhere else. If you have a multi-million-dollar job with Coca Cola or something, that is where detailed contracts come in.

 

[alcina]

At the very least I'd get an agreement that states you are to receive photo credit and X payment. They get to use your image(s) for a single, non-exclusive use in conjuction with article "x".

 

[daniel f aleman]

First of all, newspapers do this everyday, they have a standard way of doing it. Ask to look at their photographer agreement, and see if it fits your needs.

 

[TheRedHead]

In submitting a story for publication, you would grant First North American Serial Rights. I've never published a photo, but have published many articles. With the letter of submission, you specify FNASR. If they publish your photo, then they are agreeing to FNASR and there is no contract to sign. It's pretty standard.

When an author grants a journal or magazine First North American Serial Rights to a story or poem, the periodical acquires the right to be the first publisher of the work in North America and for some time after the work appears in print-typically 60 to 90 days, or the length of time the issue with the author's work in it is "current"-no other journal is allowed to publish that same work. Afterward, an author, as holder of the copyright, is free to submit the work elsewhere.

Please note that some journals only acquire First North American Serial Rights, so that if your story is accepted by another North American publication, you will have to let the editor know that you are conferring Second Serial Rights. If the circulation of the first journal that published your story (the one to which you granted FNASR) was tiny, some editors won't be concerned that they are only acquiring Second Serial Rights.

If you have a contract with the journal that published your story, the rights you granted should be spelled out there. If no written agreement was drawn up, it's likely the rights you granted to the journal were FNASR, which are non-exclusive (the right to publish that one time only), which would make you free to grant other non-exclusive publication rights. However, it is always best to write to the journal that published your work and verify that its rights to your work are as you understand them to be.​

From: http://www.pw.org/mag/ae_cranston.htm

 

[jeditdog]

First of all, newspapers do this everyday, they have a standard way of doing it. Ask to look at their photographer agreement, and see if it fits your needs.

I think this is the best advice. While you're at it, see if you can use this as a way to advertise yourself (if you're trying to get into that) by having them say who / where the picture came from.

 

[Warren_L]

Thanks for the input everyone, there's some good advice and ideas. I'm not getting big bucks for this, and it's not like this story will likely get picked by the AP, but it's good for future reference.

 

[Mike Veitch]

Yep, everyone giving good advice here.

Definitely get it in writing....

 

[fdog]

Warren, here's how it's done at most newspapers:

Tell the Photo Editor that you want one-time publication rights. Unless it's incredibally newsworthy, you're getting offered probabally $25 per image, which is the "going rate".

Expect a bit of gentle resistance to this; most newspapers like to re-use stuff now and then. Unless (again) it's really newsworthy, or you expect a lot of reuse from the image, I'd say this is okay. It will have your name in the cut line, anyway, although you won't get more money. Still, you said you wanted one-time rights, so here's what you do.

If you're submitting prints, type up a slip of paper that has "(c) 2006 Warren All Rights Reserved, one-time publication only", and glue it to the back. Or, the newspaper will have a stamp you can use.

If you're providing a file (less common than you think), take in your CD or CF card or whatever, and have them open it in Photo Mechanic. Then, place all the above data, especially "Only one-time publication rights to the Wherever Gazette", into the IPTC Stationary and stamp all the images. Have them give you a copy of the final image files, and you're done.

You can get all formal with contracts and stuff, but this is a daily thing for newspapers, and the strength of the above protections is sufficent. If they publish it again in a year or two, just call attention to the IPTC data, and you'll get another check.

All the best, James