|
Forums >
Photography Talk >
Publishing License - legal question
1) I'm working on a usage license for a half dozen images to be used in a book. Is the Author of the book considered to be the publisher or is that the actual publishing company. (I'd think it's the Author and that the actual printing company is of no concern, am I right?) 2) Profit clause. Since only 1% of books reach greater than 5000 copies sold, I would like to insert a clause where at that point or second publication, a reasonable fee is to be paid. Does anyone have any input on such a clause? Aug 07 11 06:36 am Link bump Aug 07 11 07:09 am Link The author is the author, the publishing company is who actually publishes the work, there may also be several printing companies involved depending on the publisher. Any contract for the usage of your images should be with the publisher, unless you have already given rights of publication to the author, who may or may not be able to assign those rights depending on the details of your agreement with him or her. Aug 07 11 07:22 am Link You deal with the publisher. Depending on what kind of book it is, the author may not even be aware that your picture is being used, or have any input into illustrations in the book. Some do, some don't. In any case, your contract is with the publisher. For a book, you usually grant limited use at a specific size (like, say 1/4 page or something like that), for a single print run of x,xxx copies, English language. If they reprint the book, or print again in a different language, they'll purchase additional rights. For example, I have a fairly unique photo that was used in a genetics textbook. They've republished the book several times in new additions, and in several different languages over a 10 year period, and have come back to me each time to repurchase additional usage rights. It isn't common to get multiple reprints like that, but this is the process when it does come up. Aug 07 11 08:42 am Link Scott Aitken wrote: +1 Aug 07 11 10:21 am Link |
