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05/11/2007 09:26:42 AM · #1 |
i recently accepted an assignment from a national news agency that has the most extensive freelance agreement i've seen, yet. here are some of the highlights (paraphrased for length, emphasis mine):
@ you will turn over ALL images captured while on assignment
@ you will NOT modify, tone, retouch, crop, or modify the images in any way
@ you WILL set your camera's time to the exact local time of the assignment
@ you WILL only shoot with a professional, industry standard digital camera
@ if shooting in RAW, you will provide BOTH RAW and jpg versions of your images
@ if the photo director request images to be transmitted (either via email or FTP), you WILL within 24 hours ship a CD or DVD with ALL images to the publication.
@ you retain the copyright to your images, but 1) the publication is granted a perpetual license to publish and store the images, and 2) unless agreed to in advance, the publication retains a 30-day exclusive use of all images captured while on assignment. [this means you are free to submit them to stock agencies or other publications after 30 days].
all in all, it was about 20 pages of stuff i had to go through, and even though i had some initial concerns, considering the magnitude of what they have to deal with on a daily basis, it seems to be pretty reasonable and fair.
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05/11/2007 09:29:51 AM · #2 |
Yeah, that seems pretty reasonable really.
After all they're paying you to take shots during that time for them, and them only.
Good luck Skip! |
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05/11/2007 09:30:17 AM · #3 |
20 pages? Hooo, sounds like the lawyers got hold of it, LOL.
Just what exactly is an "industry standard" camera? |
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05/11/2007 09:49:14 AM · #4 |
Originally posted by kirbic:
Just what exactly is an "industry standard" camera? |
Probably a Nikon |
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05/11/2007 09:51:41 AM · #5 |
Originally posted by kirbic:
Just what exactly is an "industry standard" camera? |
hah, i didn't ask, but i'm guessing they don't want anything that has shutter lag or less than instant-on. it is pretty hard to shoot nascar with a cellcam... |
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05/11/2007 09:52:16 AM · #6 |
What's the assignment, Skip? Anything exciting?
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05/11/2007 09:52:21 AM · #7 |
funny, a contract like that I would NEVER sign. They won't touch my originals and absolutely DON'T get them!
;)
But, this is journalism. Something I've never had ambition in, and never will ;) |
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05/11/2007 10:01:49 AM · #8 |
Originally posted by idnic:
What's the assignment, Skip? Anything exciting? |
not really, just something for the resume ;-)
i'll post the details when i get a chance because it is a nice case study of a typical pj assignment where there is hardly any hope of bridging the vision with reality...
Originally posted by biteme:
funny, a contract like that I would NEVER sign. They won't touch my originals and absolutely DON'T get them! |
as you noted, it is journalism ;-) |
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05/11/2007 10:38:28 AM · #9 |
Always good to read the fine print in advance.
Thanks for posting the highlights,  skip, and good luck
on the assignment. |
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05/11/2007 07:17:26 PM · #10 |
Sounds like it would be interesting. I've never shot anything where there's any rules other than mine, but I'd like to.
Good luck! |
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05/11/2007 07:22:20 PM · #11 |
| IS there gonna be a quiz on this tomorrow? heh good luck Skip, and congrats. |
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05/11/2007 07:25:19 PM · #12 |
Good luck Skip!
Message edited by author 2007-05-11 19:27:38. |
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05/11/2007 07:27:50 PM · #13 |
| So they don't get to keep your first born for 30 days? |
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05/11/2007 07:35:13 PM · #14 |
So I guess the AP!
Congrats! I Look forward to the story! :-) |
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05/11/2007 07:54:16 PM · #15 |
| At least it's in plain English. Presumably that agency has the perpetual right to sell the rights in those photos, on a non-exclusive basis after the first 30 days. I imagine there is a limited number of possible negotiating points. |
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05/12/2007 09:11:12 PM · #16 |
This sounds like it could be pretty standard for a media company. They want all the originals for two reasons usually: first for context- see if the photos are really representative of the subject. No additional editorializing by the photog other than his photographic point of view. They want to be able to use the images in what will be the best way for them so they will want to edit them in their own manner. They may prefer a different shot from what you think was your best one. Secondly is legal. If someone wants to sue them for misrepresentation, they can go to the digital negatives and show exactiy what was captured.
It does not seem to say that you cannot retain copies of the files for yourself- you do indeed retain the copyright and are able to use them after their 30 day exclusivity period. They want that period to prevent you from double dipping- shooting for them and also selling additional copies on the side to other outlets.
Sounds like a great opportunity!
[/url] |
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05/13/2007 11:06:26 AM · #17 |
You know,Skip, I am reminded of the images that were taken a few years ago by a free-lance photographer. They were both shot moments apart and both were published:
One image showed GW Bush looking the wrong way through a set of binoculars; that was sold to a (I think) satirical magazine,
the other image was a straight shot of Bush looking the regular way and was sold to a mainline outlet.
Maybe this is another reason the media company wants ALL the shots. |
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05/13/2007 11:12:04 AM · #18 |
The photographer may shoot all the shots, but it is the editor who decides which to print or add to their libraries for future use. That's why they want them all, what a photog thinks is best, is not necessarily what fits the publication. That's why they have editors.
Edit, same goes for the processing and cropping.
Message edited by author 2007-05-13 11:12:51. |
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05/14/2007 01:51:12 PM · #19 |
| So, if you snap off anywhere from 50 - 200 shots (I'm strictly guessing here) for an event, how could you get ALL the shots to them without mailing a CD or DVD every time? It would take forever, even with broadband, to submit via email or FTP. |
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05/14/2007 02:24:19 PM · #20 |
Originally posted by Pixlmaker:
So, if you snap off anywhere from 50 - 200 shots (I'm strictly guessing here) for an event, how could you get ALL the shots to them without mailing a CD or DVD every time? It would take forever, even with broadband, to submit via email or FTP. |
im guessing theyd FTP or if its locally go right to the place and upload them on their HD's |
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05/14/2007 03:04:31 PM · #21 |
| seems very cool that you can sell the shots for stock after 30 days. |
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05/14/2007 03:32:16 PM · #22 |
just a few comments before getting back to work...
the assignment was for this article that appeared in USA Today last week.
from what little experience i've had with them, they really have a top-notch operation. and their terms really do reflect respect for the freelancer, as opposed to making an out-and-out rights grab that some agencies are prone to do. i doubt i would ever turn down an assignment from them.
as for the ftp question, even if you shot 50-200 images, they would only want you to transmit maybe your top-10. a lot of this depends on their experience and comfort with you.
the 30-day thing is not about double-dipping; it's simply to protect their exclusive interest in the images.
there are ZERO negotiating points ;-)
as i mentioned before, once i get a chance, i'll write up something about the asssignment, because it really is a nice case study...
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05/14/2007 03:48:33 PM · #23 |
Originally posted by Skip:
just a few comments before getting back to work...
the assignment was for this article that appeared in USA Today last week.
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Oh, Skip, you do get the tough assignments. Your picture in this story was just beautiful, and it helped illustrate one of our nation's tragedies. |
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05/14/2007 03:58:51 PM · #24 |
Originally posted by Skip:
from what little experience i've had with them, they really have a top-notch operation. and their terms really do reflect respect for the freelancer, as opposed to making an out-and-out rights grab that some agencies are prone to do. |
From your summary, their terms seem tough but fair -- they want limited exclusivity and archivability, and after a month the photos are totally yours again (except to sell/license as an exclusive to someone else).
I guess this was one occasion where having trees "growing out of" the subjects' heads was appropriate : )
I like the low angle approach you used for the front-page photo ... a lot of subtle psychology in that, which I don't have time to write about now ... : ( |
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05/14/2007 04:02:26 PM · #25 |
| 'd bet they would let you submit the images in at higher than 640x640 resolution though :P |
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