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DPChallenge Forums >> Individual Photograph Discussion >> Giving rights of picuture to Company??? legal???
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 05/14/2009 05:49:49 PM · #1
hi everyone... you may remember this pic from the front page a couple weeks back...

I sent it to D-Link and asked if they would be interested in using it for adversiting...

this is the response they sent me:

"
> We received your email with the photo and agreed, it is a very cool shot.
> We'd like to keep the source file in our database for potential use if you
> agree to this. We'd need a written approval (email is fine) from you,
> stating that you give us full rights and permission to use this photo and it
> becomes copyright and property of D-Link Canada Inc."

If I give them full rights, what does that exactly mean? do they still have to give me credit for it? Can I use it for anything? (In know in this case i kinda can't really sell it because it has the name D=Link in it)...

Just curious, any input would be greatly appreciated...

thanks



Message edited by author 2009-05-14 17:50:30.
 05/14/2009 05:54:31 PM · #2
No -- without modification to that language, you wouldn't be able to use the image for anything -- they would own it and all rights to it. You might be able to get them to agree to a photo-credit whenever it's used (at least in certain uses -- it's not practical everywhere), and also the right for you to at least use the image for self-promotional purposes.
 05/14/2009 05:57:06 PM · #3
No way I'd agree to those terms without a huge and I mean huge check. Best I can tell you would even have to pull it from DPC and remove it from any blogs, websites, flickr anything you have it on.

Matt
 05/14/2009 05:57:42 PM · #4
Originally posted by Shutter-For-Hire:
i kinda can't really sell it because it has the name D=Link in it


Nothing a little quick photo shop couldn't cure.
 05/14/2009 05:58:20 PM · #5
Try selling them the copyright. If you can make some money on it, why not go for it?
 05/14/2009 06:08:29 PM · #6
hmmm, yea, well, the reason I emailed it to them is because I wanted to give them the rights to use it, not the rights to own it...

i'll have to think my reply over... but definately i will NOT give them the full rights to it...

as a side note... what if i took an out-take shot that looked basically the same (I have MANY outtakes) and gave them the rights to that shot???

how would that go down???
 05/14/2009 06:24:32 PM · #7
Originally posted by Shutter-For-Hire:
hi everyone... you may remember this pic from the front page a couple weeks back...

I sent it to D-Link and asked if they would be interested in using it for adversiting...

this is the response they sent me:

"
> We received your email with the photo and agreed, it is a very cool shot.
> We'd like to keep the source file in our database for potential use if you
> agree to this. We'd need a written approval (email is fine) from you,
> stating that you give us full rights and permission to use this photo and it
> becomes copyright and property of D-Link Canada Inc."

If I give them full rights, what does that exactly mean? do they still have to give me credit for it? Can I use it for anything? (In know in this case i kinda can't really sell it because it has the name D=Link in it)...

Just curious, any input would be greatly appreciated...


Depends on what you want to do really -that's a fairly standard copyright transfer. If you just want it to get published credit, then hand it over with the stipulation that you can use it for your own portfolio and credit to you if it's ever published or used for promotional material - agents use that language all the time. As it is worded now, you are handing over everything to them meaning that you can't use it yourself in any self published or published portfolio - they own it.

If you are looking for money, that's a whole different deal. Hire an agent. Based on your description, they want it for stock in case they can use it in their promotional materials. That's going to be a lot harder because stock photography doesn't pay well and by the time you get finished with the representation fee and what not, assuming that the company even wanted to pay for an unsolicited image, you wouldn't get much in return.

I'd go with option one - work out a deal where you can use it in your portfolio and for self promotion and sign it over. Good way to build a rep.

Late,

Tom
 05/14/2009 07:02:56 PM · #8
I don't get it... You send it to them looking to see if they can use it.. they say sure we might give us the ownership....

I am lost, what is in it for you without a cheque of some type? Last time I checked, they are not a charity. If you give them unconditional ownership then they can do whatever they want, credit you or not,sell it or not... Legal - sure... Good Idea - for them sure.

Message edited by author 2009-05-14 19:04:23.
 05/14/2009 07:37:08 PM · #9
Thanks eyeryone,

I think I am going to go with option one from Teafran... basically give them rights to use it as long as they give me credit whenever it is used and allow me to use it for my portfolio and on my website... but not give them any full rights...

on a side note, I'm not looking for money or anything... just want to build up my portfolio... It would be cool to have that pic in my portfolio and be able to say that I shot the pic for D-Link...

thanks again everyone
 05/14/2009 08:00:52 PM · #10
What you want to give them is non-exclusive right to use. Is that the right term, all you pros?
 05/14/2009 10:47:10 PM · #11
Bump...

is that the right term???
 05/14/2009 11:16:58 PM · #12
I think that your are looking for some *non-exclusive licence agreement*... Check this sentence at google with *photograph* included and you will find loads of tips about how to preserve your rights...
BTW - nice photo!!

Message edited by author 2009-05-14 23:19:33.
 05/15/2009 12:21:03 AM · #13
ok, found a word document online... (thanks for the tip)...

I mucked around with it a bit... how does this sound?

This agreement is entered into as of ___may 15, 2009___ by and between ________D-Link Canada_________(the “Company”) and __________Eric Lawrence________________(the “Photographer”) regarding the use of the photograph described below in the description section for future purposes, subject to the terms and conditions listed below.

1. Grant of License: The photographer hereby grants to the company a non exclusive license to use the photograph described below subject to the terms and conditions listed below.

2. Terms and conditions: D-Link Canada May use the photograph, but the photographer must be credited when it is used. The Photographer still owns the rights to the photograph and may use it for personal and promotional purposes.

Description:

-photograph of water drip falling off of Blue D-Link network cable with black background with "1" and "0" repeated, and also magnified in water drip.

This agreement has been created on May 15, 2009

????

any suggestions???

thanks =)

.
05/15/2009 12:26:21 AM · #14
I would also include an expiration date to this as well, so that SOMEDAY you may use it for profit again, instead of just promotional. Give it to them if you must, but not forever.
 05/15/2009 12:41:22 AM · #15
You need to include something about cost, even if it's a non-specific "in return for a valuable consideration" or whatever the legalese is for that; it can be the photo credit, it doesn't have to be cash, though I don't see why you shouldn't charge them -- they'd normally have to pay anywhere from $1-500 to use that image on an exclusive basis (excluding your own promotional use).

Message edited by author 2009-05-15 00:41:49.
 05/15/2009 12:55:40 AM · #16
Eric, I'd give them the use of the image for say 1 year, which, after the year has ended, can be extended for another year (with your permission).
I'd definitely charge them something for the use of the pic. They're not a charity and neither should you be.
Good luck!
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