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Photography Question 

Samantha Hotch
 

protecting images when submitting on line


Hi There,

I would like to submit my photographs to some magazines for them to use on line. What is the general procedure on this. How can you stop them just using your images without paying you for them as they can copy them onto their computers.
Thanks
Sam


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September 12, 2007

 

Irene Troy
  Sam – I am a little confused about what you are asking. Have you already given an online magazine permission to use your images for a fee? Or, are you hoping that you can send your images to a magazine via e-mail in hope that they will buy them? If you have already sold your images – even if the ‘sold’ does not involve actual cash – you should have some written agreement, from that magazine, as to the type of use that you agreed upon and how you will be compensated. If you are cold sending your images – meaning you are sending them without prior acceptance – there are a few critical steps you need to take prior to sending anything. First, check out the magazine’s website to determine how or even if they will accept unsolicited submissions. Then you need to find out exactly how they want the material and to whom you should be addressing the e-mail. If the magazine has a printed as well as a web presence you need to ascertain how your images might be used and how you might be compensated prior to sending anything other than a low resolution file. Before sending a usable copy of your image you need a written contract (even if it is informal type contract not written by a legal type) spelling out the exact terms of the agreement. If the magazine is unwilling to address any of these issues I would run away fast! There are many legitimate magazines that do accept submissions from unknown or lesser known writers/photographers; however, there are also many scams being run on the Internet that will leave you feeling a fool at best and losing your good name and work at worst. Just be careful; ask enough questions to satisfy your concerns and never, for any reason, submit high res images until you have your agreement.

Irene


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September 12, 2007

 

Mark Feldstein
  While Irene is certainly an expert in the publishing field, there are a couple of additional steps I thought I'd mention.

First Samantha, before you submit your work to anyone, you should register your images with the copyright office, assuming you're a resident of the U.S. Download the forms and info sheets at http://www.copyright.gov. Every image you submit should have your copyright information on it, in plain view.

Second, get a book called "Photographers Market" published by Writers Digest Press, that will tell you about many publications, who's who, whom to submit your work to and HOW to submit it. Some publishing firms want to see a query letter first that tells them what you have and why you think they may be interested and asks whether they want to see the images. You should also have a "stock delivery memorandum" available.

If you submit work with your query letters, make it clear that your submission is only an offer to negotiate publication usage and not permission to publish.

You should know up front that a lot of publications won't return work that's sent to them without them requesting it first. That's why, IMHO, a query letter an an invitation to actually submit your photographs is important. Irene may agree with that philosophy. And as she clearly mentioned, beware of scams and outfits that want to pirate your work without payment.

Finally, understand that the value of your work depreciates when it's published for the first time, whether it's with payment or without. Understand your publication rights and usage agreements generally, before you submit.
Take it light ;>)
Mark


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September 13, 2007

 

Samantha Hotch
  Thank you Mark, much appreciated.

Samantha


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September 13, 2007

 
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