Freelancer's rights?

[daniel_sone]

I'm a freelance photographer for a local newspaper.

They just dropped on me the "exclusive publication" rights phrase on me.

My editor wasn't too clear on what limits they have and the limits such a thing

places upon me.

 

Is freelance photography like "work made for hire"? Where I lose all rights to

my photographs (like selling a car)?

 

Legally, would selling the photographs to private parties be prohibited?

Would publishing them in a book, compilation, etc. be not allowed?

[ellis_vener_photography]

depends on your contract. You aren't an employee.

[geoffs1]

"My editor wasn't too clear on what limits they have"

 

You should get that clarified. Exclusivity usually comes at a price... (although it may be "you can continue to work for us").

[craig_shearman1]

I've been on three different sides of this issue -- as a photographer, as a newspaper editor and as a PR executive who hires photographers and provides their photos to newspapers. The only way you can be guaranteed to receive any sort of photo credit is if it is written into your contract with your client. If you are hired to shoot for an annual report, for example, and a credit is stipulated in the contract, then they are required to run the credit and are in breach of contract if they don't. As for newspapers that your client is giving the photos to, there really are no guarantees there. You could put in your contract with the client that photos can only be distributed to the news media on the condition that they can only be published with a credit. But since there is no contract between you and the newspaper, there is no guarantee that the condition will be honored. The papers might give you credit and some are glad to do so almost as a disclaimer that the picture is a "handout" and not one of their own. Others may have a policy of no-credit on handout pictures, run the picture and ignore the condition, and others might say if that's the condition we're not running the picture. If you get into a fight with the newspaper, you are only causing problems for your client, who will have trouble getting the paper to use its photos again. There are two things you can do on a practical level: put your photo credit into the IPTC fields in Photoshop along with the caption. Most newspapers pull up caption info from the IPTC fields and will be sure to see it that way. Also include in e-mails or on CDs, "Please credit Photo by xxx" rather than "photo must be credited to xxx." You'll get further making their job easier and being friendly about it than threatening a lawsuit.

[alan_myers]

Hi Daniel,

 

"Work For Hire" is simply one type of contract that editors and publishers might try to foist upon unsuspecting freelancers when they think they can get away with it. It essentially makes the freelancer a "temporary employee without the usual benefits" and DOES transfer your copyrights to the employer, completely and permanently.

 

However, there's no reason as yet to think that "work for hire" is involved here. You really need to get more info from the editor, in writing. Review it very carefully and take it to an attorney if you need any clarification at all (and I ain't an attorney, by the way).

 

This may simply mean they want an exclusive, but limited right to publish images you provide 1. in daily and weekly circulation print media that is 2. within their defined market area and 3. for a limited period of time, perhaps just a week or two.

 

In this day and age, the newspaper probably also has a website, and may want terminology allowing some limited use of the photo there, as well, at their discretion, and this may need a longer or relatively perpetual (but limited) license if it eventually might end up in some sort of online news archive.

 

Info is sketchy, but sounds as if the main purpose of this is just to insure that the photo you sell them doesn't also appear in directly competing media at the same time as or even in advance of their publication of it. And it may be a very reasonable request. It could be that you are simply providing limited, licensed use of your images, sort of as I have described above.

 

What you have to watch out for is hidden meanings and clauses that might impinge upon your copyright in a greater way, other than what they say they are intending. Sometimes these show up just in error or out of ignorance. Other times they are deliberately hidden in contracts, in an effort to dupe the unsuspecting.

 

You might also want to watch closely that they aren't licensed to resell you images, for example by putting them on a wire service or otherwise profiting from them.

 

You can also be sure the license you give does not preclude you from other uses of the images you might make, such as a book. Of course, if you have some plans in the work, you would probably also want to be clear that you aren't giving them license to use the images in that way, either!

 

So, the first step is to simply find out what they are asking for, read it carefully... Then figure out your next step.

 

A website I was recently tipped off to that might help clarify more of your questions is www.editorialphoto.com. This is the home site of an association that represents photographers like yourself, and has quite a bit that's accessible, very informative, and publicly available. I'm sure members have access to even more info.

[craig_shearman1]

Not sure how I did this but the response I posted above was to another question about someone who was shooting PR photos for an organization and not getting a byline in the newspaper. Sorry.

[jc5066]

If and when they send you on an specific assignment I'd be fine with those terms. As a general freelance, NO WAY!

 

It really depends on how that "exclusive" is phrased in the contract.

[daniel_sone]

<p>My editor gave me their documents regarding their publication rights. It does not say they can sell/resell my photos. Any photos forwarded to other news services, I have gotten a check.</p>

 

<p>I was asking this because of the following assignment I completed a few days ago:<br>

<a src="http://www.thefloridacatholic.org/pope_usa/pope_usa_articles/20080416_media_sone_1.php">http://www.thefloridacatholic.org/pope_usa/pope_usa_articles/20080416_media_sone_1.php</a></p>

 

<p>It was great working alongside other media agencies for such a historic event. The "who's who" of news were present.</p>