Licensing photos for a non-profit charity

<p>I'm less than a year into turning my photo hobby into a side job. Thanks to several well-placed friends, I'm going to be doing a fair bit of pro bono work for different non-profit charities during 2011. These are organizations to whom I might otherwise have donated money, so donating my services isn't a problem. Most of them have agreed to write me a receipt for donated services, so I still get the tax benefits for the time I'm investing.</p>

<p>My question is what, if anything, to do about licensing. One of the charities is a big name organization that will be using my portraits and event photos in their state-wide promotional material, and has already verbally agreed to credit me in the publication and on their web site. The portraits are of a couple dozen of their largest donors, and in exchange for using their likeness in promo material, they plan to give said portrait to each donor to be used whenever the donor needs a business portrait. The other charities are smaller scale, but will still probably also use my photos in their promotional material. I'm perfectly OK with this sort of usage, and can't really envision how they might go beyond this in any manner that I care about. I guess I'm mainly not wanting to be taken advantage of in any unforeseen manner where my photo might be distributed or used beyond what would be appropriate for a nonprofit charity. I don't expect this to happen, but I am pretty new at this.</p>

<p>Should I have some sort of licensing contract signed for this sort of thing? Should I just sign over the photos to use however they see fit? Should I still retain copyright on these shots? What would you recommend?</p>

 

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<p>Should I have some sort of licensing contract signed for this sort of thing?</p>

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<p>Yes! Always.</p>

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<p>Should I just sign over the photos to use however they see fit?</p>

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<p>That's what the contract is for. But you can limit the use as <em>you</em> see fit (say, by indicating that the license you're giving them doesn't provide for re-sale of the images).</p>

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<p>Should I still retain copyright on these shots?</p>

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<p>Yes, always. You can give them any license you want, giving them unlimited use if you like - but they don't need to own the copyrights for that to happen. And don't forget that your contract needs to indicate that you retain the right to use the images in your own portfolio (if you like that idea).</p>

A couple things Ben:

 

1. You cannot deduct the value of your time or services in the US on federal returns. The non-profit might write you a receipt, but

unless this is for verifiable, actual expenses, you can't deduct it. OTH I'm not an accountant, so it's

probably worth talking to one if tax implications are important to you.

 

2. You are agreeing to a very broad use of you images with the phrase, "whenever the donor needs a

business portrait." This can include national media outlets, annual reports, advertising, etc. These are

potentially valuable scenarios. Of course, this is entirely up to you. I wouldn't do it—the people are

already donors. Do they really need a free portrait with an unlimited use license in exchange for allowing

the charity, which they already support, to use their their likeness? If I was donating my time and

imagery to a charity I would consider granting the charity unlimited publishing rights, but not the right to

sublicense the work. You still keep the copyright, the charity can use the hell out of the photo, and if

another use pops up you can be fairly paid.

 

3. Yes, you need a contract. Even if you are only doing it for the credit line, you need a piece of paper

that states this, otherwise the day will come when somebody will start using the photo without proper

credit and you'll be in a pickle. It's much better to deal with it up front.

<p>Here is a second on the IRS guidelines: if you have a receipt for reprints that you paid for, and then donate to the non-profit...you have a deduction. Your time is priceless...to the IRS. Of course, the best answer would be from a tax accountant.</p>

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<p>OK, so I guess I'll be giving my tax accountant a call tomorrow. Thanks for the heads up.</p>

<p>As for the licensing, do you have any pointers on where I can find, clear, straightforward, yet legally correct verbiage that I could hack up to suit my purposes? Mark, your point #2 is well taken.</p>

Ben, the ASMP has a book called "Professional Business Practices in Photography" that has all sorts of

example forms: estimates, indemnification agreements, delivery memos, etc. It's all standard boilerplate,

but it's a handy resource. They send it out to members, but it can be purchased. You should be able to

find it on Amazon and maybe your local library.

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<p>they plan to give said portrait to each donor to be used whenever the donor needs a business portrait.... ....I'm mainly not wanting to be taken advantage of in any unforeseen manner where my photo might be distributed or used beyond what would be appropriate for a nonprofit charity.</p>

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<p>These two goals seem incompatible. Even if the arrangement is compatible in the sense that it helps the organization and you managed to get licensing and sublicensing in place, enforcing against or even addressing deviations with the organization and the donors may be undesirable and difficult for various reasons. While I am a consistent proponent of getting agreements reduced to writing, I'm not sure even the "most clear, straightforward, yet legally correct verbiage that I could hack up to suit [your] purposes" is going to be all that useful. You may want to further evaluate what your "purposes" ought to be before spending a lot of time 'hacking up' in pursuit of them.</p>

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<p>I guess I'm mainly not wanting to be taken advantage of in any unforeseen manner where my photo might be distributed or used beyond what would be appropriate for a nonprofit charity.</p>

 

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<p>From your post, you seem to be OK with "promotional use."</p>

<p>What are you fearful of?</p>

 

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<p>unforeseen manner</p>

 

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<p>This is one of several reasons images are licensed.</p>

<p>Your entire licensing scheme begins with <strong>verbal</strong> communication with the charity.<br>

From there you begin to draft permissions, restrictions, conditions and constraints.</p>

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<p>Ben, youre giving away the farm but you dont want to give away the farm. . . If you trust this organization enough to do all that "charity" work what makes you think they will take advantage of you, it seems to me that you've already put yourself over the barrel? <br>

The simple thing to do is not worry so much about all the law and practicum, but instead, just write, in an email, what youre letting them do with the photo and what your not.<br>

In truth, I'm surprised at the level to which a "big time organization" would set up a situation where it's big time donors are subject to such a loosely nit business agreement. Non profits have money to hire this kind of work do be done by professionals that know how to deal with these complicated situations without breaking the bank or putting anyone in a bind. I would not let you photograph me if i were a big time donor, unless I had a contract from YOU about your intended use. <br>

The point is this, if youre so afraid of copyright issues, or you dont trust "the big time organization," why are you even shooting it? If I ran that non profit I'd be more leery of a photographer putting my donors in a bind that anything. . . and for that reason, i'd make you sign over all rights and tell you that my nonproffit will, when necessary print a cutline, but otherwise I'd retain all rights to the images you shoot. I would not allow a photographer to use those images at all. . . That would be giving. . . what youre doing is gaming the system . . . </p>

 

<p>The contradictory goals and awkwardness involved in the effort to reconcile them with the parties suggests you either just let the chips fall where they may or withdraw from providing the service.</p>

<p>Others have covered the licensing bits.<br>

I would only question why do this for free in the first place - most especially if as you say, one of these organisations is a "big name".</p>

<p>Often only 20% of donations actually get to the "cause", but then I guess when the ceo's and others are getting 200k salaries it is to be expected.</p>

<p>Sorry but to me an organisation saying "we are a non-profit organisation and can't afford to pay you" is when I say no thanks.</p>

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