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DPChallenge Forums >> Business of Photography >> Licencing question
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09/29/2008 03:49:56 PM · #1
Hi all -

This weekend I took some photos as a volunteer at an event organized by my girlfriend's non-profit employer. In addition to their use of the photos, a national magazine (circulation ~ 1M) wants to use them in a story about the event.

I have no problem with them using the photos (with attribution) for free, and I'm giving them to the non-profit (probably under CC non-commercial licensing); I also don't think there's any particular potential for future profit for me from these.

I am, nonetheless, sensitive to supporting working photographers (which I'm not) and the only reason I'd give this away for free is to promote the GF's event. So I'm wondering what I should do in terms of licensing the photos for the publication - one-time use? Only use in direct association with the event? I'd be pissed if, say, one of the photos got used as stock in another story, taking money either from me or (more likely) from another photographer.

Any advice?
09/29/2008 04:34:22 PM · #2
Publications have budgets set aside for this type of thing. Ask them to pay to use them like anyone else would. Its hard enough now to get publications to actually pay people for the work they provide. Dont make it easier on them to do it, and make a little money for yourself while doing it.

Matt

Edit to add one thing, many people say that by giving them away it might bring more work to you in the future..........let me tell you something I have learned along the way. The only people who read the by lines under them photos is you(the photographer) your mother, and other photographers. Now which one of those is going to bring you your next paying job from that exposure?



Message edited by author 2008-09-29 16:35:44.
09/29/2008 06:31:36 PM · #3
I appreciate that response, but remember that I'm acting in two roles here; one as photographer, yes, but secondly as a promoter of a major fundraising event for a non-profit organization. I actually run a (different) non-profit and this sort of exposure is something we'd kill for. I knew they wanted to use these photos this way before the event, and didn't argue it, so that's off the table.

The question is how to craft a release that allows the photos to be used for the things I want (promoting this event) and for nothing else? I can take a stab at it myself but I'm not a IP lawyer so I would be flailing a bit.
09/30/2008 11:55:24 AM · #4
Originally posted by eamurdock:



The question is how to craft a release that allows the photos to be used for the things I want (promoting this event) and for nothing else? I can take a stab at it myself but I'm not a IP lawyer so I would be flailing a bit.


I would think Legal council would be best if you are concerned with wording of the release. If you are head of a Non-Profit surely most have legal council on calling either as hired or doing Pro-Bono work. I'd suggest bouncing it off them.

But in reality if you knew going in how they were going to be used, I'd just hand them over with a standard release, excluding stock and other commercial uses, and go about my day knowing you helped out your girlfriends organization and forget it.

Matt
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