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Thread: Photo Copyrights

  1. #1

    Default Photo Copyrights

    Just wish to ask if anyone here met with such a situation before. Client wishes to have full copyrights to photos taken. How do you charge?

  2. #2
    Senior Member zac08's Avatar
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    Default Re: Photo Copyrights

    Discussed before. Please look up the older threads on this issue.

    it all depends on what kind of photos are taken and how much you value them. You may want to look up the The Photo Biz sub-forum.
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    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    Quote Originally Posted by flyer84 View Post
    Just wish to ask if anyone here met with such a situation before. Client wishes to have full copyrights to photos taken. How do you charge?
    Client will have full copyrights of the photos taken, if he did pay you and you didn't not ask them to sign a contract state that you retain the copyrights of the photos.

    read next post.
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    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    Regarding local copyrights issue, many local photographers have miscoception, we do not follow the copyrights law of US..

    I research the copyrights and ownerships issue on portrait photography, this is what I found

    Ownership

    Generally, the person who created the work (i.e. the author) owns the copyright in the work. However, there are exceptions to this general rule. Some exceptions are:

    Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work.

    Special situation for newspaper/magazine/periodical employees: Where an employee of a newspaper, magazine or periodical creates a literary, dramatic or artistic work pursuant to the terms of his employment and for the purpose of publication in a newspaper, magazine or periodical, the proprietor of the newspaper, magazine or periodical owns the copyright in respect of publication in or reproduction for the purpose of publication in any newspaper, magazine or periodical. The employee owns the remaining rights that make up the copyright bundle of exclusive rights.
    Commissioning: If a portrait/photograph/engraving is commissioned by another party, the commissioner owns the copyright in the work. If the portrait/photograph/engraving is required for a particular purpose, this purpose must be communicated to the commissioned party. While the commissioner is the copyright owner, the commissioned party has the right to stop others from doing any act comprised in the copyright, unless such act is done for the particular purpose for which the portrait/photograph/engraving is created.

    For other types of commissioned works, ownership belongs to the commissioned party, unless the commissioner and commissioned party otherwise agree.

    As mentioned in the introduction, the copyright owner may transfer his rights to another party or entity either partially or wholly.

    taken from http://www.ipos.gov.sg/leftNav/cop/O...and+Rights.htm

    and also this

    1. Copyright Copyright at Work
    I provide photography services. Do I own the copyright to the photos that I take for my clients? If I don't, is there any way that I can own the copyright? I want to showcase the best photos in my website and brochures.

    In general, clients who pay for your services own the copyright to the photos taken. However, you have limited rights in that if the photos are required for any particular purpose (e.g. a corporate client wants glamour shots of the senior management, to use in its annual report), your clients should tell you and you are entitled to prevent the photos from being used for other purposes.

    In practice, however, many photographers have their own terms of engagement with clients. The parties are free to have their own agreement, which automatically overrides the above default position. Thus, for example, you and your clients can mutually agree that you will own the copyright in the photos but that your clients can use the photos for certain purposes; or that your clients own the copyright but you have the license to reproduce the photos in your website and brochures.
    In simple words, photographers does not own the copyrights of the photographs, from the moment we collect money from the our customers, unless both parties enter an agreement to supersede the default law. (see the print in blue above)
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    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    so what to charge it is not an issue, $1 for everything, or $1000 per images, clients will still get the full copyrights eventually.





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  6. #6

    Default Re: Photo Copyrights

    Quote Originally Posted by catchlights View Post
    so what to charge it is not an issue, $1 for everything, or $1000 per images, clients will still get the full copyrights eventually.
    eh but that only apply to freelance photographers right? It doesn't apply to studios who still own the copyright (and they make u pay to give u everything they take)... and hence the high prices..

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    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    Quote Originally Posted by jackmbox View Post
    eh but that only apply to freelance photographers right? It doesn't apply to studios who still own the copyright (and they make u pay to give u everything they take)... and hence the high prices..
    they get lawyers to draft out a contract. usually is printed on their invoice.

    read the fine print.
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  8. #8

    Default Re: Photo Copyrights

    Quote Originally Posted by catchlights View Post
    they get lawyers to draft out a contract. usually is printed on their invoice.

    read the fine print.
    yup... and that's y they always make u sign the contract which inside somewhere would mention that... -.-"

    but can sue them if they display ur pic on their website/studio/shop for public display right? coz my face should be my copyright to be shown to public? lol

  9. #9
    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    btw, if you want to keep the copyrights and too lazy to ask clients sign contract with you.

    Just shoot for free, you get to keep the copyrights.





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  10. #10
    Moderator catchlights's Avatar
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    Default Re: Photo Copyrights

    Quote Originally Posted by jackmbox View Post
    yup... and that's y they always make u sign the contract which inside somewhere would mention that... -.-"

    but can sue them if they display ur pic on their website/studio/shop for public display right? coz my face should be my copyright to be shown to public? lol
    you want a proper answer can consult all our dearest Clubsnap in house lawyers and queen's counsels.

    but as a layman in law, all I can tell you unless you think the photos of you which they display is to make you look bad, really really very very bad, than you got a case to sue them.
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  11. #11

    Default Re: Photo copyrights

    Quote Originally Posted by flyer84 View Post
    Just wish to ask if anyone here met with such a situation before. Client wishes to have full copyrights to photos taken. How do you charge?
    Hello,

    70-80% of clients in Singapore want full copyright. 100% of government agencies want full rights, but if you are a big shot (celebrity photographer or extremely well known, eg Annie Leibovitz, etc) they might negotiate.

    If they wish to have full copyrights, you can either:

    A. Say 'No' and lose the job.
    B. Say 'Additional 50-80% extra and potentially lose the job.
    C. Say 'No additional charge' and get the job.

    I and most other commercial photographers (not advertising photographers) will have a mix of option B & C. Option B is a bit tricky, you have to try and have an educated guess on the client's budget and how much they want you for your style. Everything comes down to the budget.

    Z
    Last edited by Zohan; 26th November 2009 at 09:06 AM.

  12. #12
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    Default Re: Photo copyrights

    Quote Originally Posted by flyer84 View Post
    Just wish to ask if anyone here met with such a situation before. Client wishes to have full copyrights to photos taken. How do you charge?
    If a client commissions you to take photos of a specific subject (eg wedding, event etc) then they automatically OWN ALL copyright on the work anyway. You as the photographer have no automatic copyright ownership if shooting for a client. You can negotiate in this case to have the copyright transferred to your name, but it needs to be in the form of a written contract (or in the contract terms <grin>) and has to be signed and dated by both parties, yet another big reason to use written contracts.


    If you shoot something and are not commissioned to photograph it; for example stock photography, a picture of someone or something or an event they sponsored and the person or corporation wish to use the image for commercial purposes (eg advertising, brochure etc) then you as the photographer own the Copyright and can specify terms for the use of the image, this can include limited time useage, single useage rights (eg: only for the front cover of the annual report, only for a calendar etc) and a time expirery for the rights (eg can only be used for 6 months, 2 years etc). In this situation you negotiate a price.

    In all cases you can transfer copyright to another party, however it requires a specific written contract and must be signed by both parties as well as a witness or two. Everything needs to be dated and so on.

    As Zohan has pretty much covered the SG situation cost wise I'll only add that the rate varies around the world and there is no hard and fast rules, each situation is different. It does pay though to keep a written record of each set of charges to clients, so you don't under or over charge them next time around.

    Hope this helps
    Last edited by Ian; 26th November 2009 at 09:14 AM.
    The Ang Moh from Hell
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  13. #13

    Default Re: Photo copyrights

    Quote Originally Posted by Ian View Post
    If a client commissions you to take photos of a specific subject (eg wedding, event etc) then they automatically OWN ALL copyright on the work anyway. You as the photographer have no automatic copyright ownership if shooting for a client. You can negotiate and contract (in writing and must be signed, dated by both parties and ideally have at least one (preferably two) independent witness sign/date the document) to transfer copyright ownership to you.
    Hello Ian,

    With regards to wedding photography. There are folks (me included) that are negotiating for copyright ownership. I get full rights ownership 80-90% of the time for wedding photography

    Z

  14. #14
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    Default Re: Photo copyrights

    Quote Originally Posted by Zohan View Post
    Hello Ian,

    With regards to wedding photography. There are folks (me included) that are negotiating for copyright ownership. I get full rights ownership 80-90% of the time for wedding photography

    Z
    Zohan,

    Glad to hear it. Too many wedding photgraphers and others in the industry actually think that if they shoot it they automatically own copyright. You're really hitting the sweet spot with 80-90% transfer rates. How long are you holding the client images for? A lot of guys here only hold them for 6 months to a year after the initial image order.

    I have copyright transfer in my standard terms and conditons on all contracts and every job I do is contracted on paper as a matter of course, no verbal agreements and everything stated in detail including payment installments (if required) and late payment penalties (punative, 10% accounting fee per month, interest charged at standard market rates per month etc).

    As I've been saying on CS since a month after it started, there's two types of photographer, the starving "artist" and the well fed business photographer .. and I happen to like food
    The Ang Moh from Hell
    Professional Photography - many are called, few are chosen!

  15. #15
    Moderator catchlights's Avatar
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    Default Re: Photo copyrights

    TS have a same thread Photo Copyrights at General, Reviews, Tech Talk.

    I have relied him there.

    sum up in simple word....

    you get money from client, copyrights belong to them and not to you.

    you want to keep the copyrights? get your clients to sign a contract/agreement with you or shoot for FREE.
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    Moderator Clown's Avatar
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    Default Re: Photo copyrights

    threads merged.
    sigh.

  17. #17
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    Default Re: Photo copyrights

    This sums it up nicely.

    Quote Originally Posted by Ian View Post
    If a client commissions you to take photos of a specific subject (eg wedding, event etc) then they automatically OWN ALL copyright on the work anyway. You as the photographer have no automatic copyright ownership if shooting for a client. You can negotiate in this case to have the copyright transferred to your name, but it needs to be in the form of a written contract (or in the contract terms <grin>) and has to be signed and dated by both parties, yet another big reason to use written contracts.


    If you shoot something and are not commissioned to photograph it; for example stock photography, a picture of someone or something or an event they sponsored and the person or corporation wish to use the image for commercial purposes (eg advertising, brochure etc) then you as the photographer own the Copyright and can specify terms for the use of the image, this can include limited time useage, single useage rights (eg: only for the front cover of the annual report, only for a calendar etc) and a time expirery for the rights (eg can only be used for 6 months, 2 years etc). In this situation you negotiate a price.

    In all cases you can transfer copyright to another party, however it requires a specific written contract and must be signed by both parties as well as a witness or two. Everything needs to be dated and so on.

    As Zohan has pretty much covered the SG situation cost wise I'll only add that the rate varies around the world and there is no hard and fast rules, each situation is different. It does pay though to keep a written record of each set of charges to clients, so you don't under or over charge them next time around.

    Hope this helps
    Don't brag about your accomplishments; Show us your future works.

  18. #18
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    Default Re: Photo copyrights

    make this a sticky....
    Don't brag about your accomplishments; Show us your future works.

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    Default Re: Photo Copyrights

    for a moment I wondered where is vince123123

  20. #20

    Default Re: Photo Copyrights

    Quote Originally Posted by jayque View Post
    for a moment I wondered where is vince123123
    Vince got permabanned. Check his last posts.

    Z

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