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07/15/2005 09:01:05 AM · #1 |
If I give an entity exclusive license to use a photograph of mine for the entity's commercial/promotional activities, it is my understanding that I can't sell/give the said photograph to any other entity for commercial purposes for the duration specified by the license agreement. But can I, myself, sell prints of, exhibit or have published in magazines/books/etc. this photograph of mine to which another entity holds exlusive usage rights?
Message edited by author 2005-07-15 09:02:22. |
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07/15/2005 09:08:15 AM · #2 |
| most exclusive-use contracts allow the photographer to display the image as part of their portfolio, but not for anything else for the specified period of time. how the customer is going to use it might affect how much other use they will let you get out of it. it would probably be ok if it were to be published in a magazine article about freelancing, but it probably would not be ok to enter it into a contest. any concerns like this have to be dealt with directly with your customer. if an opportunity arises during the course of their exclusive ownership, you might just want to approach them to get their written permission for you to use the image; otherwise, you should let it go until their usage is up. |
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07/15/2005 10:07:50 AM · #3 |
Interesting thread (and strangely applicable to a situation I'm about to face)...
A Safari Park is interested in one of my shots taken at their location, to be used for advertising, etc. I have never entered into a commercial contract for the use of a specific photograph before, so I don't have any of the forms - or any idea what this might mean.
Edit: or what price or period of time should be set...
Do you have any additional suggestions, references, or advice? THANKS!
Jimmy
Message edited by author 2005-07-15 10:08:35.
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07/15/2005 10:54:15 AM · #4 |
heyah, jimmy, i don't have any specifics, but i might have a boilerplate contract (i'll look). as to pricing, a wise man suggested to me to ask the prospect what they normally pay. keep in mind, you have to have some idea of what you want; that gives you 3 possible replies: 1) sounds fair, 2) i usually charge a bit more than that--let's see what we can work out, or 3) holy crap--i didn't know you wanted it framed!!!
btw, are you talking about the park up near natural bridge? |
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07/15/2005 09:32:50 PM · #5 |
Yeah! That's the one. Virginia Safari Park in Natural Bridge, VA. My family knows the owner (she's the daughter of the owner of the Natural Bridge Zoo).
Thanks for the advice and if you run across that template, I'd really appreciate it. (crcservices@msn.com)
BTW, how did you know about that park??? You been sneaking down here without me knowing it?!? LOL
Thanks.
Jimmy
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07/15/2005 09:49:06 PM · #6 |
There's a book on pricing from some national photographer's or arts society, but I don't have the link handy.
There are books available on this (including blank legal forms) from Nolo Press--they probably have a package deal of three or so items worth investing in for this deal alone. |
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07/15/2005 10:55:19 PM · #7 |
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