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12/03/2012 12:03:50 PM · #1 |
So I took some pictures up at Chincoteague, and the park service would like to use some of the photos on their website. I'm more than happy to let them do that. They sent this release for me to fill out.
It looks like the first option gives anyone and the uncle the right to use it -- correct??
So I assume I want the second option only allowing the fish and wildlife the right to use it. Do I want to add any conditions?
I haven't really dealt with this before. I don't want anything from them other than photo credit whenever it's
thanks!!
________________________________________________________________________________________________________________________
_____________ Grant Full Copyright Release
I, the provider, affirm that the artwork, graphic design, photo, audio, video or other product(s) described below, was
created by me alone in my private capacity and automatically qualifies for a U.S. copyright - if others were involved
in its creation I affirm I have their permission to put into the public domain. I agree to irrevocably dedicate that or
those copyrights to the public domain. I also affirm the item(s) described below was not created in my capacity as a
Federal Government employee (if applicable).
As a result of being in the public domain, the USFWS, or anyone else, may freely publish, reproduce, use and/or distribute
these products in any media without your approval or permission, with no monetary compenstion to you and without
temporal or geographic restriction. However, if the USFWS uses any of these products, it agrees to credit the provider.
I, the provider, understand that if the foregoing representations concerning copyright ownership is determined to be
incorrect or false, resulting in the USFWS or the U.S. Government being sued for copyright infringement, I agree to
indemnify the USFWS and/or the U.S. Government for any resulting expenses arising from defending and/or settling
such litigation.
___________ Grant Restricted Usage Rights
I hereby allow the U.S. Fish and Wildlife Service to use my artwork, graphic design, photo, audio, video or other product in
Service publications, productions, displays, the Internet, etc, with the following conditions:
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12/03/2012 02:42:32 PM · #2 |
Yes, in the first case you are making a complete donation to the US Governement and allowing the image into the public domain; I suppose you may be entitled to a photo credit and perhaps a tax write-off for that ...
The second seems just a variation on a standard stock release; add whatever conditions/restrictions you want at the end. For example, do you want to allow them to use it for postcards, calendars, and other such bulk-produced promotional or saleable items, or just on brochures/educational materials?
Congratulations! |
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12/03/2012 03:01:58 PM · #3 |
props to you for having your imagery recognized, but not so keen on just giving it away for a possible credit. at the very least, NEVER take an option like the first one.
if you want to give something away, fine, but don't just give everything away. as paul pointed out, You decide what you what you want to put into option 2. refer to this thread about licensing, both my first and last posts. i would structure something along the lines that they can use it at no charge on promotional materials, but they have to pay if they want to put it on anything for sale, be it postcards, mugs, calendars, whatever.
one thing i'd really stress is embedding rights usage in the image and stressing that their licensing is contingent on not stripping your iptc from any images. in this instance, i would even suggest going as far as doctoring a handful of pixels so as to being able to identify the image as yours (sort of like watermarking, but not making it visible or obvious), so that if it ever does wander away from USFWS and you found it somewhere else, you would be able to tell if it came from them or from somewhere else.
good luck! if you have any more questions, just post them here or pm me.
Message edited by author 2012-12-03 15:02:19. |
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12/03/2012 03:16:47 PM · #4 |
Originally posted by Skip:
one thing i'd really stress is embedding rights usage in the image and stressing that their licensing is contingent on not stripping your iptc from any images. in this instance, i would even suggest going as far as doctoring a handful of pixels so as to being able to identify the image as yours (sort of like watermarking, but not making it visible or obvious), so that if it ever does wander away from USFWS and you found it somewhere else, you would be able to tell if it came from them or from somewhere else. |
Are you talking about copying the usage terms in the IPTC Comments field? Do you know if there's a character limit to that field?
Does Photoshop still include the (free) option to place a (non-ersonalized?) DigiMarc watermark? My old version has it under the the Filters menu.
You could possibly also just put a copyright notice in tiny (2- or 3-point) type somewhere -- it can be in almost the same color as the background, as long as you could find it later, and specify that they not crop. |
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12/03/2012 03:17:54 PM · #5 |
Congratulations!
You are correct that the first option gives everyone and their uncle the right to use your image in any way they want without even crediting you for it - the USFWS says they'll give you credit for their usage.
You want to construct your conditions for option 2 in a manner that makes it easy for them to use the image, but clearly identifies that you retain the right to market and profit from the image on your own. For RDC & LRWP (local non-profits), I grant them non-exclusive, perpetual, world-wide rights to use the image in connection with their organization, specifically including using it for fund-raising. But they do not have the right to sub-license the image or transfer their rights without my written permission. I made that up, so I have no idea if it is sufficient, valid, OR binding, so take it for what it is worth.
My thought was to give them complete freedom to use the image for their organization (which, after all, I am supportive of and want to help) without having to double-check the fine print to see if it is OK. At the same time, they don't "own" the image, and I can grant another party license to use it if I want, and they're not going to compete with me by selling / providing it to others.
 Skip's posts have good advice.
The sad truth is that once an image is posted to the internet, it can be stolen and those who would do that can be very creative in circumventing any mechanism you can use. IMO, your best shot is to do something they wouldn't expect.
Message edited by author 2012-12-03 15:22:35. |
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12/03/2012 03:24:38 PM · #6 |
Originally posted by dtremain:
But they do not have the right to sub-license the image or transfer their rights without my written permission. I made that up, so I have no idea if it is sufficient, valid, OR binding, so take it for what it is worth. |
Those terms are valid as long as both parties agree to it, and further I think they should be part of every licensing agreement you have, except when submitting to stock agencies, or if you are transferring all rights ("selling"), which you should only do for a whole lot more than any non-profits (NY MOMA a possible eception?) would be wanting to pay ... good suggestions. :-) |
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12/03/2012 03:49:35 PM · #7 |
Originally posted by GeneralE:
Are you talking about copying the usage terms in the IPTC Comments field? Do you know if there's a character limit to that field? |
yes, i put the licensing info in the Rights Usage Field in the IPTC (it might show up with a different field name in Photoshop). To the best of my knowledge, there is no limit on the number of characters (and I have been quite wordy sometimes).
Originally posted by GeneralE:
Does Photoshop still include the (free) option to place a (non-ersonalized?) DigiMarc watermark? My old version has it under the the Filters menu. |
Not sure, but I've never used it.
Originally posted by GeneralE:
You could possibly also just put a copyright notice in tiny (2- or 3-point) type somewhere -- it can be in almost the same color as the background, as long as you could find it later, and specify that they not crop. |
You could, but that becomes obvious. I find it more attractive to take some out of the way pixels and shift their shading ever so slightly - just enough that if you zoomed in to 100% on on the original and the copy, you would be able to tell the difference, but if you were looking at only the copy, you would not notice anything.
A few other notes: visit their site and check out the other images they have used, especially looking at the size of the images. Once you have a good feel for the average size (maybe it's only 500px at 72dpi), then that would be the dimensions of the image you supply them (if they are looking for something to put on the web).
Also, you can supply them the web-ready version only so that if they need a larger version, you'll be in a position to ask "what for?" when they come back to you.
ditto, paul, good points by david!
Message edited by author 2012-12-03 15:50:40. |
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12/03/2012 04:21:53 PM · #8 |
I greatly appreciate all the feedback. I know that it goes against the grain to give away photos, but I am exceedingly happy to do this for the nature preserves. The get so little in funding -- and they're so quickly first on the cutting block. And this particular refuge is my happy place. It's my way of supporting them.
This was exactly what I was looking for. I don't want them to use it for postcards and calendars, etc, but for brochures, educational pamphlets, etc, would be great. I will be reading this all very carefully -- thanks to everyone!!
Message edited by author 2012-12-03 16:22:43.
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12/03/2012 05:10:21 PM · #9 |
| Try to get them to send you printed samples you can post, and links once the pictures are up! |
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