 Heather L. Harmon |
Pricing a Copyrighted DVD with photos I have a possible patron who would like her photos put on a disk with a Copyright release. How much is the avarage charge for such a release? There would be 3 subjects with at least 4 finished photos. Thanks
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Mark Feldstein |
Whatever you want it to be. The caveat to that is the probable reason they're asking you for the release, which gives them the right to do whatever they want with the images, even use them in a worldwide advertising campaign, is because they figure you'll give it to them for cheap. You'll find in most situations, pros don't do this but negotiate usage fees for each use and have a contract for that purpose. Good luck
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Mark Feldstein |
BTW, if you have genuinely copyrighted work, (the kind with registration) and you sign a release of that copyright, you no longer have the right to claim it as yours since once it's paid for, that right, title and interest vests in the person who bought it from you. Get it? You probably ought to do some reading on this subject too and understand the value of what you're selling or giving up.
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Pete H |
Heather, Mark is 100% bang on. Be VERY careful with this. I believe, and Mark can correct if this is incorrect, you seek what is known as "limited use" agreement. This is why I generally do not engage in legal discussions on this forum as my knowledge is limited..That's why I pay a legal eagle so much for his advice and boiler plate contracts when I work with stock houses. all the best, Pete
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Mark Feldstein |
And Pete is also eggzactly right. Limited usage agreements are adaptable to every type of usage situation. If your client tells you that they don't know what the images will be used for, or aren't willing to tell you in advance, tell them you'll be glad to wait until they figure it out. If you can't afford to pay an intellectual property attorney to modify some boilerplate forms on things like "stock photography delivery memoranda" and make them specific for your purposes, then as I mentioned, start with some books on the business practices of photography and forms books. Those forms on CD are about 80% of what a photographer requires. Oh, and btw, you need to make sure your work is actually sent in for copyright registration in a timely manner (assuming you're a U.S. citizen).
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Oliver Anderson |
I'd never give the rights to photos away...simply crazy if you ask me. Even when I'm paid to shoot for a TV Show, Magazine or Website I still share the rights to the photos at the very least.
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Jerry Frazier |
It depends on the situation. I agree with everyone that, in general, I wouldn't release copyright. I might provide the images on a disc at a price, but it depends on the situation. When I tell my clients the price for that, my print and/or usage prices suddenly become VERY reasonable.
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Oliver Anderson |
OK...on second thought I may have been a bit harsh. It occurred to me that the Sports Illustrated photographers fedex their UNTOUCHED cards (not allowed to chirp a term for deleting poor images) directly to the main office. When I shot for a movie I had to hand in the cards directly to the production staff then report directly to the HOTTT costars trailor. So there are situations that warrant this but I'm pretty sure its not a $100m dollar movie or SI Magazine...and I might have exagerated the costar thingy a little bit.
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