Pricing and Usage Rights for Military Homecoming Photos

Hello, everyone,

I know everyone loves these last minute "How much should I charge" posts. I really did not intend to run into this

issue, as I have my pricing somewhat nailed down, but I found myself in a new situation today and would very much

appreciate some feedback.

I'm currently serving in the US Navy, and in addition to the photography I do for myself and clients outside of my day

job, I also spend a considerable amount of time shooting photos at work as part of my job. Last week, I

photographed a homecoming ceremony at a neighboring command for one of my friends whose husband was

returning home. I did this free of charge, and was mainly there to capture the moment that he got off the plane, but I

ended up having a great time taking photographs of the entire ceremony and meeting other military families.

Afterwards, I posted the photos on my website (http://www.michaelbonnerphoto.com/vfa97) and provided the link to

all the families in attendance. I envisioned as both a nice thing to do for the Sailors and their families, as well as an

opportunity for positive publicity with a large target market.

The surprise came today when one of the organizers for the event (a large military housing company) asked me how

much it would cost to provide a CD of the photos for them to showcase their participation in such events. They were

not more specific than that, but at the very least, I assume they are expecting to use the photos on their website. To

that end, the questions I'm trying to find answers for are

1) Where would I find an appropriate contract for usage rights and do you have any suggestions as to what I should

seek? (I realize I need to find out what they are looking to do with the photos more specifically, but when I do, I would

like to have an answer ready)

2) For usage as defined in the contract, what would be a reasonable price for the usage of all 109 photos?

Furthermore, I would think if a truly reasonable price were negotiated, they would most likely narrow their selection to

the most pertinent photos, so I am curious to know if there is a scalable pricing model that I could adapt to the

number selected.

3) As the photos will be used for promotional purposes and several of them have recognizable people in them, would

model releases be advisable and/or required?

4) I sent two photos to the local newspaper- does this create any type of conflict of interest or legal issue?

I would greatly appreciate feedback on any of these questions. I am well aware of my inexperience in such matters

and I hope I don't sound like I'm in ridiculously over my head.

Thank you very much in advance,

Michael Bonner

I would suggest contacting the PAO office on the base (whatever they call them these days). While you shot informally, turning it into a "business" venture may be problematic - your duty status may mean that the shots may not be "yours."

After that, then if you are able to sell/license images, be sure to let customers know that they aren't exclusive. The company should be advised that you don't have releases. It's one thing to have shots in a newsletter or other "news" type presentation, if they are promoting the company, then they would need releases.

Thank you for the response, Craig. I've been shooting on and off duty for a while now and knew I was bound to run into a situation where the copyright grey area would have to be cleared up. Not to mention the prospect of Navy assignments for commands besides my own. As for the model releases, your response is pretty much in line with what I expected. However, there are a few photographs I think would still be viable due to the lack of identifiable subjects. Lastly, In the case that I do not own the copyright to the images, would I still be prohibited from issuing the photos to the housing company?

Thanks again for the response,

Michael Bonner

"In the case that I do not own the copyright to the images, would I still be prohibited from issuing the photos to the housing company?" You, if you used your camera and your time, own the copyright.

The "catch-22" is if the commander for the unit that arrived home has no issues with your using the photographs. As noted above, you need to contact the base lawyers (legal office,) and find out what is going to be good or not good. Selling images to family members is likely OK, but without Department of the Navy approval....getting photographs on the market for business use might be a big "if." Some of the National military cemetaries have current no video or photography signs on the roadside....

Copyright deals with "ownership" of the image. The copyright owner has the right to license the images. If you don't own the copyright, you can't license the images.

The need for a release is determined by the "use." If the use infringes on someone's rights, a release documents the permission to use it in that way. A copyright owner can't simply allow/license a promotional use of someone's image/persona, it isn't the copyright owner's "right." It's the subject's..

The copyright status of pictures taken by federal government employees is something you really need to clarify with the appropriate base officials.

Craig has a point, contact DOD officials. I suspect the copyright privilege is yours but the persmission to use the photos

may be shared with the DOD. I would guess you can photograph for personal use, meaning family, friends and other Navy

personnel, and use them under the fair use laws, since newspapers published photos of homecomings, but commercial and

other uses can be restricted if not prohibited, such as selling images to contractors. I would start with the media

communication or public relations office, the legal affairs office, or the base commander's office.