Any professional photographers here? I need your advice

cdfl30

"It's kind of fun to do the impossible" ~ Walt Dis
Joined
Jan 29, 2008
Messages
387
I am fairly new to the world of photography and do it only as a hobby. With that said, someone contacted me today from a graphic design company asking me if my photos are available for print as they want to use one for a publication they are working on. If I let them use the photo, am I giving up my rights to it? Is there any reason I should say no? I know these may sound like naive questions but I'm just not sure what to do! I really don't mind them using it, I just don't want to say yes without understanding the impact of my decision.

Thanks!
 
If they are a for profit company, then they better be paying you for it. Also ask to see the agreement first. There are different types of licensing agreements. You do not necessarily have to give up all the rights. Don't expect a small fortune or anything, but at least a little compensation. I would probably give the rights to a non-profit organization, but that is just me.

Kevin
 
I am fairly new to the world of photography and do it only as a hobby. With that said, someone contacted me today from a graphic design company asking me if my photos are available for print as they want to use one for a publication they are working on. If I let them use the photo, am I giving up my rights to it? No, you are just giving them the right to use it for this publication only. Is there any reason I should say no? make sure you know what the publication is going to be used for and if you are okay wiht it, then let them.I know these may sound like naive questions but I'm just not sure what to do! I really don't mind them using it, I just don't want to say yes without understanding the impact of my decision.

Thanks!

wether they are a non-profit or not, most , if not all, have money in their banks that are set to pay the photographer for rights to use a photo or take a picture for them. I would write up a paper that says they can use this picture for this one publication for a set amount of money but nothing else without further permission.

you could also give it to them but ask that your name appear under the photo or on the back as photographer and if it doesn't appear then you expect to be compensated. It is nice to see your work wanted for print but if they will be making money off of your photo, then you should be compensated. If it is an advertisement that will draw in new business then you should be paid.
 
Well, IMHO, non profit or not, no matter if they ( the recipient) intend to use it commercially or in any kind of "broadcast" media ie film, tv, books , mags etc etc or not, or if they intend to compensate or not does not matter..to protect yourself more then anything else you must do an agreement form.

These "contracts" not only protect your rights to compensation, but also prevent the photograph from being used in any other way then intended..

Let's look at an extreme example..you take a picture of a subject - does not matter what it is, then you sell or allow that photograph to be used without an agreement - whether compensated or not. If the photograph is then manupulated (and it is really easy to do digitally)in a defamatory way, you can get sued as well. Whereas if you have a agreement specifically stating how the photograph can be used and they mess with it anyway - you are in the clear...you might get dragged into court to testify that the photograph was manipulated, but that is all

I know that this might seem to scare the crap out of anyone and prevent them from allowing photographs to be used, but I am just talking about a standard non lawyer agreement statement..

There a some blank photography release forms and photography agreement forms available to download from various web sources..just google search them and you will find a few...

I had a few old ones, but they are mainly back in the day of film and slide and because of digital manipulation are pretty well useless these days..so be careful that the agreement includes manipluation in the digital domain as well.

And quite frankly, if someone were going to use my photograph I would want to be compensated in some way, even if it is just a foonote UNDER the photograph..ie "photography by...."
 

And, be especially mindful if they want to use a photo you took at a zoo or any other private park or garden. Those places have rules on taking photos and using them for commercial gain. If it is a flower found anywhere, no big deal. But, if the place is recognizable or it is a zoo animal, you would need a property release for it to be used.

Research stock photography to learn some ins and outs so you don't get yourself in trouble and earn a decent amount for the right to use your photo.
 















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