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How to license a large format image for use on a CD cover


scott_jones2

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Well I just got my first web site up of my large format work last

week and have already been approached by someone who wants to

license an image for his rock band's CD cover. Well I was astounded.

Being a passionate amateur, I have no photo business background, but

know I would like to maintain control of all rights to the image,

but am fine with licensing a specific use. Any thoughts on standard

contracts and pricing? This is a band's first CD which will be

distributed independently for now, but is being actively shopped for

a label/distributor, but who knows if that will pan out.

 

Thanks for any help you can give.

 

Scott, http:/www.ScottJonesPhoto.com

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While this doesn't answer your question specifically, if you can get your hands on a

copy of the ASMP Business Practices book, I would do so immediately. It would help

you a great deal in this situation and is generally just a good book to have around,

even if you don't work professionally. It answers a lot of good questions, has a lot of

good guidelines, and seems to be of ever-growing importance right now as rights-

grabbing and other bad business practices seem to be growing out of control.

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I'd get the asmp book for sure, but until you do this is how I handel it. Since it's a band they will want to pay next to nothing for your photo. I'd do it cheap maybe $100 or so since it's a self produced c/d and they probably expect to get it for free. Here is the catch though have them sign a contract saying that the $100 usage fee is for the first 2000 copies only then say for every 2000 additional copies you get an additional $50. Also say in your contract that if the disc gets picked up by a label prices will be reconfigured, more money (indi label a bit more money major label a lot more money). You may want to post this question on the pdn bussiness forum. www.pdn-pix.com . thats how I handel local bands when they come to me.

 

www.dougphoto.com

www.mcgoldrickphotot.com

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As I understand it, just the act of taking the picture and holding the negative implies a copyright that can be used to have an illegal user cease and desist. If you register your copyright with the Library of Congress then you can sue for damages.

 

My concern with this post however, is pricing and contracting, since I have never done this before especially for a CD cover. . .

 

Scott

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Who is the artist, who is the record company, what is the size of the distribution? All

of these are major majors in determine the correct price for the usage license.

Obviously if it is a really big world renown act (Juilliard Quartet, The Rolling Stones

or Eminem, etc. ) that s very different from a local act that is only pressing 1,000

CDs.<P>Your contract should definitely state how large (how many copies) of

pressing can be done for the license they pay for. <P>

You definitely want to register the copyright on all of your images on your

website. You can register all of them for $35.00 plus postage. Otherwise it is like

putting fenceposts in and forgetting to put the fencing material up. It is just good

business to do this.

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