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Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Hello! I've booked my first official commercial gig and need some help. Client wants rights to use the images on billboards, TV, website, wherever she'd like. Do I have to sign copyright over to do that?  I would also like something written in that I can use the photos in my portfolio. What exactly kind of paperwork do I need? Trying to research a template I can just modify on www.rocketlawyer.com but have no idea what I'm looking for. Also, I'm in the US and the photos will be published in Mongolia...Also, who carries the model release, myself or the client? I am so lost when it comes to commercial work!! Any information is appreciated. Thanks!

P.S- If you're wondering, my avi was a trade gig so I didn't have an official contract written out for it.
Nov 13 12 07:39 am  Link  Quote 
Photographer
AJ_In_Atlanta
Posts: 12,676
Atlanta, Georgia, US


No you would not need to sell the copyright, you just need to spell out usage rights and terms.  I use software for my quotes, blinkbid, there are some boiler plates for usage but you would want something else for your specifics
Nov 13 12 07:55 am  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


So I need a useage license not a copyright agreement? Blinkbid looks cool, I will check it out, thank you!
Nov 13 12 08:21 am  Link  Quote 
Photographer
DennisRoliffPhotography
Posts: 1,928
Akron, Ohio, US


Candace,

I've got some info and a template from APA that might be of some use. PM me if interested. http://www.freesmileys.org/smileys/smiley-basic/smile.gif
Nov 13 12 08:27 am  Link  Quote 
Photographer
Leonard Gee Photography
Posts: 16,147
Sacramento, California, US


take a few days and read these:

http://asmp.org/links/8

a good, correct model release covers assigns

any changes you make should be checked by a competent ip/contract lawyer
Nov 13 12 08:28 am  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Thank you all!!
Nov 13 12 10:34 am  Link  Quote 
Photographer
Jeff DeLaCruz
Posts: 5
Chicago, Illinois, US


I've been using fotoquote for years and and years.  It gathers usage data from across all specturms and give you a pretty good range.  It's tough to get usage from smaller clients but for larger ones or ad agencies, this software is a must.

http://www.cradocfotosoftware.com/fotoQuote-Pro/

Check it out!

Jeff D
www.jeffdelacruz.com
Nov 13 12 10:37 am  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Well we've already set the price (low, but I need the commercial resume building experience). What I need now is the contract...the shoot is tomorrow...I booked it Sunday...last minute shoot so I'm scrambling to put a solid contract together that protects my rights while allowing the client to use the photo in whatever publication. Thanks for all the info!
Nov 13 12 10:45 am  Link  Quote 
Photographer
Ezhini
Posts: 1,598
Wichita, Kansas, US


Sell usage rights and not the copyright, unless they are paying you enough for full copyrights.

For usage rights, make sure to use wordings such as "non-tranferrable usage rights" (this prevents your client from handing out your images to other businesses or friends of theirs for free) and "limited usage" or "unlimited usage" as seen fit.

Unless there is a non-disclosure clause in your contract, you are free to use images that you shoot for your portfolio. But, as a good business practice, let your client know (verbally/vocally is good enough) that you might use certain images in your portfolio.
Nov 13 12 10:48 am  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Ezhini wrote:
Sell usage rights and not the copyright, unless they are paying you enough for full copyrights.

For usage rights, make sure to use wordings such as "non-tranferrable usage rights" (this prevents your client from handing out your images to other businesses or friends of theirs for free) and "limited usage" or "unlimited usage" as seen fit.

This is exactly what I just found on PPA...I need to write an unlimited usage license for her and retain the copyright. I'm glad you mentioned the "non-transferrable usage rights" I wouldn't have thought to include that. Now Googling unlimited usage license templates...thanks again for everyone's helpfulness!!

Nov 13 12 10:51 am  Link  Quote 
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Photographer
studio36uk
Posts: 21,703
Tavai, Sigave, Wallis and Futuna


Always remember that DIY lawyering is pretty much the same as DIY brain surgery - - - and usually with a similar outcome.

Studio36
Nov 13 12 12:55 pm  Link  Quote 
Photographer
Ezhini
Posts: 1,598
Wichita, Kansas, US


studio36uk wrote:
Always remember that DIY lawyering is pretty much the same as DIY brain surgery - - - and usually with a similar outcome.
Studio36

Most people go to the pharmacy and buy over-the-counter medication for a headache!

If the OP wants to scare the shit out of her first commercial client with a 35-page contract constructed by a lawyer, I agree, she sure should seek a brain surgeon and get a lobotomy! tongue

Nov 13 12 01:20 pm  Link  Quote 
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Photographer
studio36uk
Posts: 21,703
Tavai, Sigave, Wallis and Futuna


Ezhini wrote:

studio36uk wrote:
Always remember that DIY lawyering is pretty much the same as DIY brain surgery - - - and usually with a similar outcome.
Studio36

Most people go to the pharmacy and buy over-the-counter medication for a headache!

If the OP wants to scare the shit out of her first commercial client with a 35-page contract constructed by a lawyer, I agree, she sure should seek a brain surgeon and get a lobotomy! tongue

ANY [real; actual; genuine; legitimate] "commercial" client will be well familiar with contracts. If the agreement takes 1, or 2, or 5, or 35 pages to reduce it to writing then it takes 1, or 2, or 5, or 35 pages. End of story!

Hell, I've seen 8 and 10 page model releases.

Yes, lawyer prepared.

I just, for the sake of argument, looked at the Terms of Service that YouTube has posted, typical of nearly any web operation or hosting service. SIX whole pages, in their case, of small print legalese. Prepared by their lawyers of course.

And right here in River City the MM Terms of Use would take SEVEN pages to print out. More if you printed it out in a decent readable type size [as is it is in a very small typeface when printed]. Prepared by their lawyers of course.

If you try and write these kinds of agreements, any kind of commercial agreement, without a legal adviser you are surely, 100%, going to be the author of your own, inevitable, misfortune.

If you are going to do business, do business like it is a business! Simples! 

Studio36

Nov 13 12 02:49 pm  Link  Quote 
Photographer
Leonard Gee Photography
Posts: 16,147
Sacramento, California, US


Ezhini wrote:
Most people go to the pharmacy and buy over-the-counter medication for a headache!

If the OP wants to scare the shit out of her first commercial client with a 35-page contract constructed by a lawyer, I agree, she sure should seek a brain surgeon and get a lobotomy! tongue

And when the headache persists and later turns out to be a brain tumor, do you still to to the over-the-counter medication?

You don't need good coverage when nothing happens. You need it when the unexpected things happen. And then it had better cover what you need without any flaws.

Nov 13 12 03:21 pm  Link  Quote 
Photographer
Tim Roper
Posts: 146
Palo Alto, California, US


Wonderful Machine has some good, simple contracts that they use and make available on their website.  You have to poke around on their site a bit (and use Google, too, as they're in different spots it seems), but here's a start: 

http://blog.wonderfulmachine.com/wp-con … _large.jpg

I've adapted one a couple of times, and it worked fine.  They certainly don't use hard-core 35 page agreements, but they I'm guessing they know what they're doing (based on the clients).
Nov 13 12 03:32 pm  Link  Quote 
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Photographer
studio36uk
Posts: 21,703
Tavai, Sigave, Wallis and Futuna


https://salsa.democracyinaction.org/o/568/images/I%20warned%20you.jpg

Studio36
Nov 13 12 03:59 pm  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Leonard Gee Photography wrote:
You don't need good coverage when nothing happens. You need it when the unexpected things happen. And then it had better cover what you need without any flaws.

Good point - but unfortunately I can't afford lawyer fees nor am I being paid enough to do so in this particular shoot. I've been advised that I should expect higher pay. However, this is my first commercial booking, and not much paid work comes through where I live. The way I see it, I need to start somewhere and some money is better than none...for now. Hopefully the next time I do a commercial shoot I can get a lawyer to write up the contract vs. copy/paste from ones I find online. smile

Nov 13 12 05:07 pm  Link  Quote 
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Photographer
GPS Studio Services
Posts: 35,481
San Francisco, California, US


Ezhini wrote:
For usage rights, make sure to use wordings such as "non-tranferrable usage rights" (this prevents your client from handing out your images to other businesses or friends of theirs for free) and "limited usage" or "unlimited usage" as seen fit.

Ya see, that is what Studio36 is talking about.  If the rights are "non-transferable," how does the client provide the images to a magazine, for example, and ask them to run an ad?  That is the danger of self-lawyering.  I know what you re trying to accomplish, but you aren't using the right words.  You won't know what the right words are until it blows up in your face, or the OP's face if he follows your advice.

There are a zillion standard forms out there.  If the OP cannot afford an attorney, it seems they would be better off with the ASMP template than re-inventing the wheel.

Nov 13 12 06:01 pm  Link  Quote 
Photographer
Candace_Perry
Posts: 240
Savannah, Georgia, US


Well I got "non-transferrable" from a PPA template. Now I'm wondering if there are holes in it...(see below) I didn't find a template on ASMP, just some articles to read, which I did... hmm

[i]This License Agreement is made this ____ day of _______________, 20____ between __________________ (photographer name) of ____________________ (studio name), hereinafter referred to as Licensor, and _____________________ (client name) hereinafter referred to as Licensee.

Whereas Licensor and Licensee hereby agree to the following:

Licensee is hereby granted an unlimited license to reproduce, distribute and publicly display the following works worldwide in billboards, TV, posters, website, or other media:

[List of works goes here]

Licensor and Licensee agree to the following additional terms:

1. Licensor retains all copyright and moral rights to each image. Licensor also retains all rights not expressly granted in this agreement, including its right to use images for promotional purposes.

2. Licensee’s license to reproduce, distribute or publicly display these works does not include the ability to license the images to third parties without obtaining written permission from Licensor. [b]
Nov 13 12 08:25 pm  Link  Quote 
Photographer
Ezhini
Posts: 1,598
Wichita, Kansas, US


ei Total Productions wrote:

Ya see, that is what Studio36 is talking about.  If the rights are "non-transferable," how does the client provide the images to a magazine, for example, and ask them to run an ad?  ...

Don't latch on to one single phrase I suggested and assume that is all there is in the contract. 

Glad you are being cautious. Best wishes.

Nov 14 12 05:54 am  Link  Quote 
Photographer
Ezhini
Posts: 1,598
Wichita, Kansas, US


FashionShots wrote:
Well I got "non-transferrable" from a PPA template. Now I'm wondering if there are holes in it...(see below) I didn't find a template on ASMP, just some articles to read, which I did... hmm

[i]This License Agreement is made this ____ day of _______________, 20____ between __________________ (photographer name) of ____________________ (studio name), hereinafter referred to as Licensor, and _____________________ (client name) hereinafter referred to as Licensee.

Whereas Licensor and Licensee hereby agree to the following:

Licensee is hereby granted an unlimited license to reproduce, distribute and publicly display the following works worldwide in billboards, TV, posters, website, or other media:

[List of works goes here]

Licensor and Licensee agree to the following additional terms:

1. Licensor retains all copyright and moral rights to each image. Licensor also retains all rights not expressly granted in this agreement, including its right to use images for promotional purposes.

2. Licensee’s license to reproduce, distribute or publicly display these works does not include the ability to license the images to third parties without obtaining written permission from Licensor. [b]
Nov 14 12 06:40 am  Link  Quote 
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