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DPChallenge Forums >> Business of Photography >> copyright and ownership - when selling
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 06/07/2007 09:43:54 AM · #1
If a company buys my image directly from me, or off a stocksite like photographydirect.com (Might be different for both), who maintains the copyright to the image usually? Do I still own the image to sell again, or for the company to buy again if they choose to use it for another project? If the company choose to buy the copyright to the image, do you usually quote a higher price?
 06/07/2007 09:46:41 AM · #2
With some stock sites theirs buying rights of usage (all) and then some allow you to seta price for sole rights. Website design sites do this alot too.

Message edited by author 2007-06-07 09:47:53.
 06/07/2007 09:49:55 AM · #3
You always maintain the copyright unless you sell that (which would be VERY expensive in most cases). For stock purposes the company interested in your image would purchase limited rights to the image. The specifics of the rights may vary, but it would usually limit you from selling the image again during the time that they have the publishing rights (one year, 3 years, etc). However, the company could also purchase "royalty free" rights, which gives them use of the image without restricting your further use of the image -- so you could sell it again the next day to another company. Clear as mud? :)
 06/07/2007 09:54:44 AM · #4
Originally posted by heavyj:
If a company buys my image directly from me, or off a stocksite like photographydirect.com (Might be different for both), who maintains the copyright to the image usually? Do I still own the image to sell again, or for the company to buy again if they choose to use it for another project? If the company choose to buy the copyright to the image, do you usually quote a higher price?


Typically, you do not sell the copyright, you sell the license to use it. The licensing agreement should specify exclusivity, that is how long the purchaser of the license wants the image to remain only theirs. Usually the longer this term, the more compensation the copyright holder gets. Also, there may be exemptions for the copyright holder to use the image for self-promotion etc. Once the term of exclusivity is up, the copyright holder is generally free to resell the image.

Selling the copyright outright to the company is usually a bad idea, especially if you think you might want to use the image for self promotion or there will be a market for it after they are done. If you sell the copyright, you would have to license the image you created to use as self promotion. Also, you will not be able to re-sell the image once the original purchaser is finished using it. Your price should account for both of these lost revenue sources.
 06/07/2007 09:56:10 AM · #5
Unless you are doing "Work For Hire" (which typically means you are an employee of the company) then you retain the copyright to your images. You can sell the image out right (copyright and all) but most photographers choose not to do this unless the price is right (read very high). When you sell "rights" on stock sites the rights are spelled out by the contract. If I sell an image rights for calendar usage for a 2009 calendar the print run would typically be spelled out (say 50,000) in the contract. If the calendar company has a huge hit with that particular calendar and want to print 100,000 more they would have to negotiate another price for the additional prints. I am still free to sell the image rights for other venues such as an brochure or print ads without violating the “calendar rights” I previously sold (assuming it does not violate the previous agreement in some way).
06/07/2007 09:57:52 AM · #6
I just wondered, for example, if I did a wedding would I be allowed to use those photos as part of my online portfolio, or to sell as an image to a Bridal Magazine? Or does the price for weddings usually include that the couple hold sole rights to the images?

I'm just trying to figure out what my rights are, what the buyers rights are, and if a buyer decides to buy the images without buying the copyright, how long do I have to wait? If they do buy the rights, how much does the price usually jump?
 06/07/2007 10:00:27 AM · #7
Originally posted by heavyj:
I just wondered, for example, if I did a wedding would I be allowed to use those photos as part of my online portfolio, or to sell as an image to a Bridal Magazine? Or does the price for weddings usually include that the couple hold sole rights to the images?

I'm just trying to figure out what my rights are, what the buyers rights are, and if a buyer decides to buy the images without buying the copyright, how long do I have to wait? If they do buy the rights, how much does the price usually jump?


How you set it up will depend on what you negotiate with the couple.

If you do intend to use an image from a wedding shoot for a Bridal Magazine (to use your example) you will need a model release from those people recognizable in the photo.
 06/07/2007 10:01:15 AM · #8
Originally posted by heavyj:
I just wondered, for example, if I did a wedding would I be allowed to use those photos as part of my online portfolio, or to sell as an image to a Bridal Magazine? Or does the price for weddings usually include that the couple hold sole rights to the images?

I'm just trying to figure out what my rights are, what the buyers rights are, and if a buyer decides to buy the images without buying the copyright, how long do I have to wait? If they do buy the rights, how much does the price usually jump?


The wedding couple does NOT have rights to the images, however, you cannot sell those images, or even use them on your website without a signed model release from EVERY person shown in the images you want to use. Many people don't mind signing them, in fact are flattered. Some people, though, will flat refuse, they don't want their wedding showing up on a Bride magazine, etc. You own the copyright, but cannot sell the images without model releases.

06/07/2007 10:02:08 AM · #9
OK...I'm kind of getting the idea.

So the couple who I photographed cannot sell their own images right? Since I own the copyright. Right?

Message edited by author 2007-06-07 10:03:31.
 06/07/2007 10:03:57 AM · #10
Originally posted by heavyj:
I just wondered, for example, if I did a wedding would I be allowed to use those photos as part of my online portfolio, or to sell as an image to a Bridal Magazine? Or does the price for weddings usually include that the couple hold sole rights to the images?

I'm just trying to figure out what my rights are, what the buyers rights are, and if a buyer decides to buy the images without buying the copyright, how long do I have to wait? If they do buy the rights, how much does the price usually jump?


You should cover this in your contract with the bride and groom. There are likely numerous examples here if you search the forums of contracts wedding photogs use. Short version, it is in effect a model release, it should state the the image rights are retained by you and by signing they understand that you may use the images for self promotion or as stock. Likewise, if you want to use any images of other wedding party members in this way you would need to get those members to sign a release as well.
 06/07/2007 10:05:20 AM · #11
Originally posted by heavyj:
OK...I'm kind of getting the idea.

So the couple who I photographed cannot sell their own images right? Since I own the copyright. Right?


That is correct. They would be violating your copyright if they did.
 06/07/2007 10:05:24 AM · #12
Originally posted by heavyj:
OK...I'm kind of getting the idea.

So the couple who I photographed cannot sell their own images right? Since I own the copyright. Right?


Correct!! YOU are the copyright owner.
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