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Photography Question 

Pete Kuszmaul
 

What Rights Are Associated With Selling Prints?


I am selling prints to a State Park concessionaire so they can make postcards. What are my rights as far as future use of the pictures and what is a common price for selling prints like this?


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June 14, 2002

 

John A. Lind
  It depends on the specific details in the contractual agreement you make with the concessionare paying you for the photographs. There are all manner of conditions that can be written into such an agreement, ranging from outright relinqushment and transfer of image copyright from you to the concessionaire to exclusivity rights for for specific uses (e.g. they're the only ones who can make/sell postcards of them, but you can use the image for other purposes, such as gallery prints much bigger than postcard size).

Another potential legal issue:
Assuming you're in the U.S. (laws vary widely by country), if you are *selling* your images, these are now "commercial" photographs, and you should have a model release for anyone and everyone in them that is "recognizable." Photographs for personal use, or for editorial use (news stories and feature articles in newspapers or magazines) do not require model releases; they're covered by 1st Amendment. However, pictures for sale and those used in advertising are not. Standard caveat: I'm not an attorney and these are the broad issues surrounding model releases and when they're needed. Consult a qualified attorney for specific details about when they're required and to help create a boiler-plate model release you can use if you need to.

-- John


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June 16, 2002

 

Tom Darmody
  Pete-

John's advice is right on. Price is based on too many factors to give you a set amount.

Along with the contract and release information that John mentioned I wanted to add one more very important factor.

Your photographs should be registered with the US Copyright Office before you sell anything. When selling photographs there is allways the chance that your copyright may be violated (your image reproduced in a way other than what the contract specifies). Having the images registered makes the process of going after violaters much easier and will will effect the amount of damages you can collect. You can Google "photograph copyright forms" and print the forms you need. It doesn't cost much and is very simple to do and in the long run will save you alot of time and hard work.


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June 24, 2002

 
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