Copyright

[piper85]

Hi All,

I have some questions on the photography business. Would be glad if someone could enlighten me.

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?

Would really appreicate if someone could enlighten me.

Big thank you!

 

[wolfton]

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
Depends on what size the customer want, and pricing is according to size. If you can sell full size, then congratulations to you

2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
The photographer will hold all copyrights to the image even after they are sold. In most cases, you can still use them for self promotion, as long as it is not use commercially. You only lose that rights if someone pays you a mutually agreed price for the sole rights of the photo. If that opportunity comes by, it most likely mean you can expect a huge sum of money in exchange for it.

3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
Any medium

4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
There's no way to prevent it. As a precaution, always downsize and lower the resolution of the images you upload. It will not stop people from copying though. Extreme measures will be to put huge watermark across the image, but that will hamper the viewing pleasure of viewers.

5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?
As long as you do not sell the full rights away and is not using the image for commercial purpose, you can do whatever you want to the image, because they belong to YOU.


Answered above in red.

 

[daredevil123]

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
You sell the size the client wants.

2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
This depends on your contract of sale. In Singapore, if not stated otherwise on the contract, if your shoot is commissioned and paid for by a client, the client automatically owns all copyrights to all the photos. This is irregardless of the amount of money paid. So be clear in your contract wording.

If you are just selling one photo, you need have a contract on sale and specify clearly what you are selling. Selling use rights? for how long? for how many reprints? for what purpose? etc...

3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
Depends on how your clients need them.

4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
You cannot prevent. If they want to copy, they will. Even if you have a watermark or signature, people can still PP it away. You can use other products like Digimark to track any unauthorized use of your photos. Your option is to pursue your losses legally.

5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?
Please read... http://www.clubsnap.com/forums/phot...ssential-photographers-understand-rights.html

 

[daredevil123]

2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
The photographer will hold all copyrights to the image even after they are sold. In most cases, you can still use them for self promotion, as long as it is not use commercially. You only lose that rights if someone pays you a mutually agreed price for the sole rights of the photo. If that opportunity comes by, it most likely mean you can expect a huge sum of money in exchange for it.
.

Bro your understanding of the copyright law is incorrect. read my reply above.

 

[piper85]

Hi All,

I have some questions on the photography business. Would be glad if someone could enlighten me.

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?

Would really appreicate if someone could enlighten me.

Big thank you!

Hi wolfton

When you say use them commerically, what do you mean by that? Just trying to understand precisely what it means.

Thanks

 

[daredevil123]

Hi wolfton

When you say use them commerically, what do you mean by that? Just trying to understand precisely what it means.

Thanks

Commercially means, use the photo in an advertisement, or resell that photo to someone else for use.

If you own full rights to the photo, you can actually use the photo commercially as you please. Just take note that you need a model release for anyone in that picture...

 

[piper85]

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
You sell the size the client wants.

2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
This depends on your contract of sale. In Singapore, if not stated otherwise on the contract, if your shoot is commissioned and paid for by a client, the client automatically owns all copyrights to all the photos. This is irregardless of the amount of money paid. So be clear in your contract wording.

If you are just selling one photo, you need have a contract on sale and specify clearly what you are selling. Selling use rights? for how long? for how many reprints? for what purpose? etc...

3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
Depends on how your clients need them.

4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
You cannot prevent. If they want to copy, they will. Even if you have a watermark or signature, people can still PP it away. You can use other products like Digimark to track any unauthorized use of your photos. Your option is to pursue your losses legally.

5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?
Please read... http://www.clubsnap.com/forums/phot...ssential-photographers-understand-rights.html

Hi

So, does that mean if photos sold to customers, the photographer can't use the photos for their own anymore have hold no copies of all photos?

Thanks

 

[daredevil123]

Hi

So, does that mean if photos sold to customers, the photographer can't use the photos for their own anymore have hold no copies of all photos?

Thanks

Please read what I wrote before carefully. It all depends on what your terms are in your contract of sale.

 

[wolfton]

Bro your understanding of the copyright law is incorrect. read my reply above.

Hi bro, yup I saw :thumbsup:

I think your reply is for photographers who are engaged by someone to do a shoot. TS did not specify whether it was an engaged assignment or the buyers happen to visit his website and became interested to purchase his photos. My reply is for the latter. Just like in stock photography, since I am not engaged by the buyer, I always own the copyright to my images.

So TS which scenerio are you referring to?

 

[piper85]

Commercially means, use the photo in an advertisement, or resell that photo to someone else for use.

If you own full rights to the photo, you can actually use the photo commercially as you please. Just take note that you need a model release for anyone in that picture...

So, if someone engage a photographer to take some photos for their event to upload to their website, does this consider commercial?

 

[daredevil123]

Hi bro, yup I saw :thumbsup:

I think your reply is for photographers who are engaged by someone to do a shoot. TS did not specify whether it was an engaged assignment or the buyers happen to visit his website and became interested to purchase his photos. My reply is for the latter. Just like in stock photography, since I am not engaged by the buyer, I always own the copyright to my images.

So TS which scenerio are you referring to?

The thing is, once you sell someone a picture, if you do not state clearly, the buyer can argue it is perpetual and all rights.

 

[daredevil123]

So, if someone engage a photographer to take some photos for their event to upload to their website, does this consider commercial?

Yes.

But if someone engage a photographer to take photos of their event, and in the contract, nothing about copyright is mentioned and money is paid (even if it is $1), it will automatically mean that someone will own all the rights to the photos, and the photographer have zero rights in any of the photos. So the photographer cannot keep the photos in his/her possession after the job is done as well.

If there is no contract, as long as that someone can prove he/she paid the photographer money, all rights to the photos will also belong to that someone, not the photographer.

 

[wolfton]

The thing is, once you sell someone a picture, if you do not state clearly, the buyer can argue it is perpetual and all rights.

Yup it's very true. All these contractual things, and it's all about the wordings.

That's why for some people, they prefer using stock website to sell, because instead of selling their pictures, they are only selling a license for use while keeping the copyright.

 

[daredevil123]

Yup it's very true. All these contractual things, and it's all about the wordings.

That's why for some people, they prefer using stock website to sell, because instead of selling their pictures, they are only selling a license for use while keeping the copyright.

Not only that. Stock agencies also help monitor the use of the photos sold. So if someone rip the photo off and use it without permission, the stock agency will also go after them to collect damages.

 

[wolfton]

Not only that. Stock agencies also help monitor the use of the photos sold. So if someone rip the photo off and use it without permission, the stock agency will also go after them to collect damages.

Haha so far the agencies only respond to RM images misuse it seems. Saw loads of complains that they don't care about misuse of RF images at all :bsmilie:

 

[piper85]

Yes.

But if someone engage a photographer to take photos of their event, and in the contract, nothing about copyright is mentioned and money is paid (even if it is $1), it will automatically mean that someone will own all the rights to the photos, and the photographer have zero rights in any of the photos. So the photographer cannot keep the photos in his/her possession after the job is done as well.

If there is no contract, as long as that someone can prove he/she paid the photographer money, all rights to the photos will also belong to that someone, not the photographer.

Even if photos sold has photographer's watermark?

 

[Agetan]

Hi All,

I have some questions on the photography business. Would be glad if someone could enlighten me.

1) What is the size of digital photos a photographer sells to his client? (I reckon they dont give the actual size?)
2) Who holds the copyright of the photos after they're being sold to the client? Once photos are sold to clients, is the photographer allow to keep copies of the photos (as part of their portfolio) ?
3) How are digital photos pass on to clients normally? Burn to cd? thumbdrive? email?
4) With an online portfolio, how to prevent people from copying the photos (via right click save) ? Read somewhere before that it's not a nice gesture to do that as it will result in lower traffic to the site. Is it really so?
5) What are the rights of a photographer? Does the photographer has the right to make any changes once photos have been delivered to clients?

Would really appreicate if someone could enlighten me.

Big thank you!

It has been on sticky and perhaps have a read through this one first... http://www.clubsnap.com/forums/phot...ssential-photographers-understand-rights.html

what size to sell and how to sell it and the deliverable (CD, thumbdrive, etc), copy or not copy, it is really depends on you. What I do and what others do is personal choice. You need to think about what you would prefer to do and price it accordingly.

There isn't a right or wrong way of doing things. Just do it so it fit in your personal preference.

If you want to be successful in your business, you will need to be able to think a little more about how you do it and not to ask question that is clearly personal preference. This kind of dependency is not a good start in business.

Regards,

Hart

 

[catchlights]

when you get paid to do an assignment for your clients/customers, in local context, is under "work for hire", your clients/customers the copyrights, after you get paid (yes, even you are paid for $1.00), you have noting to do with the photos.
however, you can, use the photos for your portfolio, IF your clients/customers allow you.

in short, they buy out the photos that you create, so, you are only make the earning once, it is better it counts, cover all your expenses and profit at one go.


for stock photos, no matter how many times and how many people download the same photos from you, whether each download is a dollar or few hundreds dollars, you still own the copyrights, unless a buyer want exclusive rights of your photo and you taking up his/her offer.
So technically, you still can earn money from the stock photos even you've pass on, and the stock photos become an estate that you can pass to your spouse and children.

 

[edutilos-]

The thing is, once you sell someone a picture, if you do not state clearly, the buyer can argue it is perpetual and all rights.

Yar, usually you have to state that the buyer is granted the "rights to use the photograph" for "what purpose" and for "how long".

Pricing would usually differ based on period, type of use... Of course if you grant all rights to the photograph to the buyer, then you SHOULD probably ask for a much higher price.

As for how much to price, photography is similar to a lot of other service industries, you can sell a horrible mediocre picture to a willing buyer for a disproportional amount of money, you can sell a beautiful masterpiece to a cunning buyer for dirt cheap price when there are others who will buy it for 10 times or more. :bsmilie:

 

[piper85]

It has been on sticky and perhaps have a read through this one first... http://www.clubsnap.com/forums/phot...ssential-photographers-understand-rights.html

what size to sell and how to sell it and the deliverable (CD, thumbdrive, etc), copy or not copy, it is really depends on you. What I do and what others do is personal choice. You need to think about what you would prefer to do and price it accordingly.

There isn't a right or wrong way of doing things. Just do it so it fit in your personal preference.

If you want to be successful in your business, you will need to be able to think a little more about how you do it and not to ask question that is clearly personal preference. This kind of dependency is not a good start in business.

Regards,

Hart

Hi Hart,

I just want to find out if there is a standard market practice. Not that I dont have a preference & looking for dependency.

Thanks