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Old Jul 1, 2003, 3:48 PM   #1
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Default Legal Question

:?: For the first time, someone actually wants to use some of my photos on their website. My question is about a legal agreement - How much they pay me if anything, how they are allowed to alter my photos or not, etc. I went to the local camera shop looking for a referral for some kind of photography agent or lawyer and they had no information. I also checked Nolo.com and they had no books on the subject. How can I find out if I need a lawyer for this or if there are standard forms I can get from somewhere? :?:

Some current photos: http://www.abstractfractal.com/GT03/GT03.html
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Old Jul 1, 2003, 4:13 PM   #2
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I found this website and maybe it will help:


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Old Jul 2, 2003, 12:20 AM   #3
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YOU have to decide what's right. If it's a charity website, you might decide not to charge them (or ask for a tax receipt for the equivalent amount of money).

Regarding editing, who here has ever seen a movie based on a book has seen it follow the book verbatim? You have to find out what they want (if they want to edit it) and then say yes or no.

I once asked Steve permission to use a photo of a particular flash mounted on a particular camera for our online camera group which was based on that camera...but I was given some stipulations like it can't be edited and I had to say stuff like where the picture came from and that it was used with permission to cover the legalities. In your case though, the agreement may be that they use the picture and don't say anything about who took the picture or where it came from.
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Old Jul 2, 2003, 8:46 PM   #4
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Default How much to charge

I've only been asked twice for permission to reproduce one of my pictures.

The first time it was for a picture to go in a Seattle newspaper. The enquirer wanted to know how much I charged. Never having sold a picture, I'd NO idea what to ask, so I told them that I had no idea, but if they would let me know what the usual rate was, that information in itself would be adequate recompense! They replied that it wasn't very much - $20 t0 $25 for a picture to go in a newspaper, and rather more - $40 to $100 for a picture to go in a glossy magazine. So, I got the information and they published the picture.

The second time some folks running some sort of trade fair or business conference wanted to put one of my pictures in a brochure. I replied that a nominal $20 would be fine, but they never responded. Perhaps they expected it for free? I've no idea whether they ever used the picture.
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Old Jul 3, 2003, 2:45 AM   #5
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If they used it without your permission, and you could prove that the photo they used (if they did) was yours, sue them for a million!
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Old Jul 5, 2003, 4:28 PM   #6
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I've just had my first live music photos bought for a gig review in a magazine. The agreement we made was that I assigned temporary copyright for them to print the photos (they're using 3 in total) in one edition of their magazine, I retain all rights otherwise and they credit the photos with my name and web URL, the wording of which we agreed between us. They pay me a standard publication fee (per image and it's modest - about the $20 stated above) which is published on their web site and I get paid on the 19th of the month of publication.

That's been my only experience of someone approaching me to use a photo I wasn't actually commissioned to take for them.
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