I've recently been asked to contibute a photo to a Wiki project ( http://www.mycitycuisine.org/wiki/Tarator) which made me realize that I don't know as much as I should about copyright. Also, some people have inquired if I would sell some of my photos of the town where I live. I'd love to sell a few images, but I've never done it before, so I have some questions for you:
1. If I sell my digital images (not prints), it means that I don't own the copyright anymore and the buyers can use them as they like (make prints, post online, print brochures, magazines, etc) - is that right? If so, how much is a photo worth?
2. If I let somebody use my photo, but I retain the copyright, do I still charge them for it? Also, do I keep my watermark on it? Should I have a written agreement on how they are supposed to use the photo (for example: one-time use only, make postcards, print in a newspaper)
3. Last, but not least, if I have two very similar photos is it OK to keep the one I like more and to sell the other one? I don't want to sell the rights to some of my best photos, since I make postcards and prints, but is it fair to sell a similar outtake?
Sorry if my questions sounds silly, but I'd rather ask than act without being sure. Thank you so much in advance for your answers! :-)
1) if you sell a digital copy of your work, you should make up a contract that contains how the image will be used: on a website with maximum dimension of x by y, maximum 100 prints on flyers, etc. Also make sure it contains that you will keep the ownership of the photograph, but allow the buyer to use it for the uses specified in the contract.
2) yes, you still charge them for the use of your photograph. You can keep the watermark on it if you like, or you can ask the buyer to include your name beneath the photograph if it is to be printed or to be displayed on a website.
3)If the buyer wants to buy photo x, you still retain all rights to all the other photographs you have, how similair they may be.
How much you should charge, depends on how good you think you are. Don't sell them too cheap, because it will make you look bad, don't sell them too expensive because it will make you look bad. But I can't really put a price on it.
tldr: you own the pictures and can choose to sell all rights (including ownership), or specify exactly how the image will be used (website, flyer, magazine), how many times they are allowed to use it (1 print, 100 flyers, 3 months on a website), and whether or not the photographs contain watermarks.
Hope this helps.
(I've studied intellectual property law for my studies and it comes in handy at times like this)
@vuokkovuorinnen Thank you so much!! This is very helpful!! So, if I understand correctly, if I keep the ownership of a photo I can sell the same digital copy to different people for differents uses, as long as they are clearly specified in a contract? Now I only have to find a sample contract!
@slava exactly, but be sure to specify the following things so you won't get ripped off by your clients:
1) explicitly mention that you retain the ownership
2) explicitly mention the use(s) of the photograph, and the amount of copies
As far as a sample contract goes, it should contain the following:
-name of the photographer
-name of the buyer
-date
-signatures from both parties
-stipulation of terms of usage/signing over ownership
-agreed upon price
Ok, here's a question for everyone regarding the same sort of thing, but slightly different...An opportunity presented itself today (how coincidental) where a small, local, printing company needs someone to take photos of artist's work for flyers, prints, cards, etc. They are looking for the most economical way of getting the artist's work to digital format. Would this require the same sort of contract? And how much would you charge? $10 per photo? $20? I haven't the faintest clue! lol
that's not really a question concerning copyright.
The copyright of the flyer, prints, card belongs to the maker of the flyer, print card. They give the company the right to copy/photograph it (which they will hire you for), and the copyright of those images belongs to the company that ordered them. So they will be paying you for services rendered, not for your copyright. Again, I don't want to name an amount as to how much you should ask.
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2) yes, you still charge them for the use of your photograph. You can keep the watermark on it if you like, or you can ask the buyer to include your name beneath the photograph if it is to be printed or to be displayed on a website.
3)If the buyer wants to buy photo x, you still retain all rights to all the other photographs you have, how similair they may be.
How much you should charge, depends on how good you think you are. Don't sell them too cheap, because it will make you look bad, don't sell them too expensive because it will make you look bad. But I can't really put a price on it.
tldr: you own the pictures and can choose to sell all rights (including ownership), or specify exactly how the image will be used (website, flyer, magazine), how many times they are allowed to use it (1 print, 100 flyers, 3 months on a website), and whether or not the photographs contain watermarks.
Hope this helps.
(I've studied intellectual property law for my studies and it comes in handy at times like this)
1) explicitly mention that you retain the ownership
2) explicitly mention the use(s) of the photograph, and the amount of copies
As far as a sample contract goes, it should contain the following:
-name of the photographer
-name of the buyer
-date
-signatures from both parties
-stipulation of terms of usage/signing over ownership
-agreed upon price
The copyright of the flyer, prints, card belongs to the maker of the flyer, print card. They give the company the right to copy/photograph it (which they will hire you for), and the copyright of those images belongs to the company that ordered them. So they will be paying you for services rendered, not for your copyright. Again, I don't want to name an amount as to how much you should ask.