Magazine Shoots - Who Owns the copyright?

I'm shooting regularly for a local publisher of 7 nationally

distrubuted magazines. I am not expereinced in what acceptable

standards are for commercial ad and cover photography. I'm trying

to learn as much as possible, as quickly as possible.

 

When the publisher hires me to shoot a cover and related images for

a feature article, who owns the copyright on the images? About two

months after I shot a cover for one of their feature stories, folks

running an advertising campaign for the guy featured in the article

called asking for the images (I have 185 on file). I was told at

the time of the shoot that I own the images, with the exception of

the actual finished shots they use in the magazine (which are

modified substantioally from the original shot anyway). The ad

people seemed surprised that I would be charging for somethng that I

was already paid for by the magazine. Now at least one person at

the magazine is telling me that my images are technically theirs.

 

I don't have any written contracts for this magazine because the

first few jobs were from a friend who was helping me to get my foot

in the door. I simply deliver the full resolution adjusted JPEGS

from the shoot and they pick 3-4 images they want to use. I get

paid. But now I'm seeing the images used for everything from book

covers to ad campaigns and websites, and I need to have a more

defined business relationship with the art directors and editors I'm

working with.

 

Is this a better question for a lawyer?

 

Do you have any suggestions on books, websites or associatons I can

join? I'm getting more and more commercial work as a result of my

relationship with the magazine. I'm lost - but building a killer

portfolio (choke, cough). I need a total crash course in commercial

billing and licensing practices.

 

Thanks,

Chris

This will have been stated in the contract up front, before you shoot?

Be sure to check the masthead of the magazine.<br>

Most magazines will have a statement in the masthead stating something like, "...The magazine assumes that when sumbitting photos for publication, the copyright holder grants rights to the images to the magazine...by submitting the photos the copyright holder agrees to these terms..." or something to that effect.<br>

This is also usually covered in contracts before invoices are sent out.

Unless you signed a contract specifically stating that you were doing "work for hire," yes, you own the copyrights to the images. <a href="http://av.rds.yahoo.com/_ylt=A9ibyKn6DbNC6mgBs0FrCqMX;_ylu=X3oDMTBvdmM3bGlxBHBndANhdl93ZWJfcmVzdWx0BHNlYwNzcg--/SIG=118im4rd7/EXP=1119117178/**http%3a//www.asmp.org/">Here's a link</a> for the the ASMP website. Yes, you should consult a lawyer. Immediately. Unless they have licensed the additional uses, you're getting screwed.

For starters go the <A HREF="http://www.copyright.gov/circs/">U.S. Copyright Office circulars page</A> and download circular 9 which covers work for hire. In the context in which you are shooting, work-for-hire requires a written agreement prior to the creation of the images. Read the other materials regarding basic copyright as well. If you are going into this line of business, copyright is critical and you need to understand it. You also need to be registering your images with the U.S. Copyright Office if you want to have effective (i.e., beyond technical) copyright protection. I have some information on registering works at <A HREF="http://www.krages.com/copy1.htm">this page</A> but there is good information on the U.S. Copyright Office website as well.

In the magazine industry, it is standard practice that the photographer owns

the copyright. I think that 'one person' probably doesn't know what they are

talking about. If any professional company had ambitions to get your

copyright, they would have to make you specifically sign away those rights

(some people have the fiendish trick of sending a cheque which you have to

endorse, and in order to endorse you have to grant them copyright).

Convention and law says copyright is yours, and the onus would be on them

to prove otherwise.

"Now at least one person at the magazine is telling me that my images are technically

theirs."

 

That is because they don't know any better than you do.

 

a.) Unless you have agreed in writing to turn over the copyright or have signed a "work

for hire" agreement, you own the work you create for the moment it is fixed in a tangible

form. Copyright is simply one form of ownership of intellectual property (others are

patents and trademarks) .

 

b.) Start using written contracts.

 

c.) start your education with http://www.editorialphoto.com

 

Ellis Vener

Tampa, FL

You're gettin screwed, intentionally or unintentionally, either way it doesn't matter. But, you let it happen so live and learn. (you can still seek compensation btw for all those uses that have no license)

 

Join Advertising Photographers of America. You will then have all the educational material you can handle at your fingertips. Also a discussion board where these topics among many important others are discussed all the time. This could be professionally the best move you ever make. Your knowledge of current business practices will allow you maintain your rights (as they are provided by law) substantially increase your income and your level of work.

 

Also it will give you the knowledge to counter intelligently and correctly some line an editor or account rep is feeding you about the way things are. Things are the way you make them, after all it's your buisiness, not theirs.

Some publications has a statment on the back ot the check stating that by endorsing / presenting for payment of such instrument would transfer all copyrights to them.

Well, when you get a call to do your first few shoots, and you've got bills to pay, sometimes you take what you can get without fully understanding the consequences. Thanks to all of you for your advice, it's been eye opening.

 

This publisher will soon have three of it's seven magazines available at national outlets this year. They have been using stock photography for most articles, and they are trying to get out of the stock photography rut and be a bit more creative/unique. I want to maintain a good relationship with them so I can grow with them and add to my commercial portfolio work. There is a potential do several shoots a month, which would add a substantial sum of money to my bottom line profits if I bill them correctly. My images are definitely well above the quality they are used to seeing, so I hope I can help the publisher grow their business, too.

 

I've requested a meeting with the editors and an art director, and will be presenting a formal contract to them that I'd like to use as a template for each shoot. I've got shoot fees, image usage fees, and other industry standard stipulations attached to the contract. I'll report back once I have the meeting and definitely ask more questions if I need to. They're also very experienced in working with commercial photographers on a regular basis, so I think after they get over the sticker shock they'll be reasonable.

Rule one of negotiating: don't back the customer into a corner 'cause he'll jump over you to get out of it.

 

When you have your meeting, I'd advise you to feel out what the company is prepared to offer before presenting any demands. If it turns out their view is radically different from your own, you may wish to go away and re-design your offer to make it closer to something they'll buy.

 

The bottom line is always that the customer is king.