A question recently received about copyright of photographs:
Question:
I am contemplating on what should be the engagement
structure? how much should I retain and what should I give off. In any
case I am interested about holding the copyright and publication
rights to media, and give them the right to use the material for their
association’s purpose. But I am not clear what should be the exact
terms and conditions. What is your suggestions?
name withheld for privacy purposes
Answer:
All photographers should retain the absolute right to the work they create. Many clients try to hire photographers under a “work for hire” contract which means that any photographs taken are the property of the client and the photographer cannot resell them. In those situations, the photographer should, at the very least, negotiate to be able to use the photographs in his/her portfolio, web site, marketing materials etc, and to be able to quote the company name in the photographer’s list of clients.
When working with agencies, they usually understand the photographer’s desire to retain copyright and will honor that. So will most publications although that is changing. The New York Times, for example, clamped down substantially on the ability for photographers shooting for them to re-use those photographs for other purposes. Bottom line – if you are sent a contract to consider, read it carefully and don’t feel hesitant about pushing back on any clauses that you do not like.
At the same time, and being candid (as always), there are situations I have found when the photographs I am likely to take for a client are most certainly not anything I would want to try to sell again – they are frequently unique to the client and of no value elsewhere. In those circumstances, I can charge the client more for exclusive ownership of the photographs I take for them,and still use a selection in my portfolio should I choose to do so. Many photographers are in denial about this aspect of their work but they need to wake up to the reality of the large volume of photographers who they are competing with. These days, with the availability of so much information via the internet, it is not a huge hardship for a company to find many options for photographers to work with them. If their first choice of photographer is difficult about the contract, it may be easier for the company to simply contact the second choice of photographer (a short list is often simply alphabetical rather than based on perceived skills and experience) who is more amenable to a flexible working arrangement.
Just some thoughts.
As for contract details, do a Google search on “photojournalism contract” and you will find many options that you should scan. Don’t make your contract too lengthy or complicated – the easier it is for a client to work with you, the more likely it is that they will.