Sale of Photographs & Copyright
Stephen C
myself.
Firstly, as (by default?) I own the copyright on these photgraphs am I
correct in assuming that others must ask for permission to use them
which I can grant at my discression?
Secondly, I have been approached by someone who wishes to use some of my
photos for commerical purposes and he has said that he will provide full
credit to me. As he will be making money by using my pictures, am I
entitled to charge for the use of photographs as I see fit yet still use
them myself?
Finally, some of the pictures he wishes to purchase outright. If I sell
the photgraph outright does, the copyright go with them? i.e. would I
then have to obtain permission from the new owner to use / distribte the
photos.
Any advice appreciated, thanks
--
Stephen
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E-mail: step...@btinternet.com
VISIT: http://www.btinternet.com/~notcatfish
Tropical fish...but Not Catfish!
Phil Bradshaw
>I host the website below which contains a number of photographs taken by
>myself.
>Firstly, as (by default?) I own the copyright on these photgraphs am I
>correct in assuming that others must ask for permission to use them
>which I can grant at my discression?
Yes.
>
>Secondly, I have been approached by someone who wishes to use some of my
>photos for commerical purposes and he has said that he will provide full
>credit to me. As he will be making money by using my pictures, am I
>entitled to charge for the use of photographs as I see fit yet still use
>them myself?
Yes and no; you can sign away your rights....
>
>Finally, some of the pictures he wishes to purchase outright. If I sell
>the photgraph outright does, the copyright go with them? i.e. would I
>then have to obtain permission from the new owner to use / distribte the
>photos.
Depends on the wording of the contract.
>
>Any advice appreciated, thanks
Your photos: your terms, your livelihood. Never lose sight of that.
--
Phil Bradshaw.
Jon
Does copyright, by being the photographer, have limits as to age?
My son, 9, takes far, far, far, better pictures than I especially
where the subject is low down as he gets down to the subject (Dogs,
cats, crawling babies) and takes pictures that I would never
contemplate "because I can, because I do" is his usual retort... does
copyright extend to his works, or do I as his parent get the rights
*very big humorous grin*....
Actually I'd like him to have the rights, but any money gained I'd
like to put in trust for when he's old, and sensible, enough to
appreciate it... say 45ish.
Jon
--
Ampall...@my-dejanews.com
Mobile: 07775 638904.
john....@virgin.net
racing Cars signed by Ayrton Senna, etc etc. When we took
these into a local graphic designers/printers they told McLaren's
who then said that THEY owned the Copyright because the
photo featured a Car with their logos etc. Is that sustainable ?.
Thanks
Phil Bradshaw wrote:
> In article <3827FE...@gecm.com>, Stephen C <nos...@gecm.com> writes
> >I host the website below which contains a number of photographs taken by
> >myself.
> >Firstly, as (by default?) I own the copyright on these photgraphs am I
> >correct in assuming that others must ask for permission to use them
> >which I can grant at my discression?
>
> Yes.
> >
> >Secondly, I have been approached by someone who wishes to use some of my
> >photos for commerical purposes and he has said that he will provide full
> >credit to me. As he will be making money by using my pictures, am I
> >entitled to charge for the use of photographs as I see fit yet still use
> >them myself?
>
> Yes and no; you can sign away your rights....
> >
> >Finally, some of the pictures he wishes to purchase outright. If I sell
> >the photgraph outright does, the copyright go with them? i.e. would I
> >then have to obtain permission from the new owner to use / distribte the
> >photos.
>
> Depends on the wording of the contract.
> >
> >Any advice appreciated, thanks
>
> Your photos: your terms, your livelihood. Never lose sight of that.
> --
> Phil Bradshaw.
Stephen C
> >photos for commerical purposes and he has said that he will provide full
> >credit to me. As he will be making money by using my pictures, am I
> >entitled to charge for the use of photographs as I see fit yet still use
> >them myself?
>
> Yes and no; you can sign away your rights....
> >
> >Finally, some of the pictures he wishes to purchase outright. If I sell
> >the photgraph outright does, the copyright go with them? i.e. would I
> >then have to obtain permission from the new owner to use / distribte the
> >photos.
>
> Depends on the wording of the contract.
> >
> >Any advice appreciated, thanks
>
> Your photos: your terms, your livelihood. Never lose sight of that.
Thanks Phil.
Just to clarify things a little -
For the photos I wish to retain, yet at my discression allow others the
use off (by charge or goodwill); would I simply be able to say "I grant
you right to publish only, photos a,b,c at a one off cost of x pounds on
the condition that each photogreaph is visibly credited to me."
And for the photos I wish to sell exclusivly "I grant you ownership and
copyright of photos a,b,c at a one off cost of x pounds on the condition
that permission is granted for me to publish them on my website as I see
fit."?
Thanks again,
Phil Bradshaw
mmm. once you get into the position of requiring permission to reproduce
your own work it can get a little difficult.
Try *licence to use* (for single or exclusive use) with whatever
restrictions (e.g., time-limited) you can get away with.
Be aware that syndicates can be the worst of animals to get your
rightful dues from.
There have been occasions when I have refused to deal with shysters who
want everything for nothing. Can't live on promises and *goodwill*.
--
Phil Bradshaw
Phil Bradshaw
>On this subject. A friend has several photos of McLaren
>racing Cars signed by Ayrton Senna, etc etc. When we took
>these into a local graphic designers/printers they told McLaren's
>who then said that THEY owned the Copyright because the
>photo featured a Car with their logos etc. Is that sustainable ?.
>
Sound familiar. Depends when and how taken - I'd guess on a circuit and
such that race teams do have a say in publishing of images of their kit
and logos; i.e., not in a public place where English law prevails.
--
Phil Bradshaw
Stephen C
> mmm. once you get into the position of requiring permission to reproduce
> your own work it can get a little difficult.
>
> Try *licence to use* (for single or exclusive use) with whatever
> restrictions (e.g., time-limited) you can get away with.
>
> Be aware that syndicates can be the worst of animals to get your
> rightful dues from.
>
> There have been occasions when I have refused to deal with shysters who
> want everything for nothing. Can't live on promises and *goodwill*.
> --
> Phil Bradshaw
Thanks Phil.
Paul Wolff
>On this subject. A friend has several photos of McLaren
>racing Cars signed by Ayrton Senna, etc etc. When we took
>these into a local graphic designers/printers they told McLaren's
>who then said that THEY owned the Copyright because the
>photo featured a Car with their logos etc. Is that sustainable ?.
>
of an artist's painting - you need a licence from the artist and from
the photograph copyright's owner to reproduce the photos (the copyright
in the photos per se would not normally belong to the artist).
If a photo shows an interior scene and the artist's painting happens to
be hanging on the wall, that is just an incidental copy and the artist
has no say in the reproduction of the photos.
What might be copyright in a Maclaren racing car, who owns it, and
whether it was merely incidental to the photographs in the possession of
your friend or was the subject of them, is not for me to say. Unless
they arranged the photography, the owners of the car copyright are
unlikely also to own the copyright in the photos.
--
Obiter scripta - Paul Wolff
David Swarbrick
<ph...@brads-old.demon.co.uk> wrote
>In article <382831F4...@virgin.net>, john....@virgin.net writes
>>On this subject. A friend has several photos of McLaren
>>racing Cars signed by Ayrton Senna, etc etc. When we took
>>these into a local graphic designers/printers they told McLaren's
>>who then said that THEY owned the Copyright because the
>>photo featured a Car with their logos etc. Is that sustainable ?.
>>
>
>Sound familiar. Depends when and how taken - I'd guess on a circuit and
>such that race teams do have a say in publishing of images of their kit
>and logos; i.e., not in a public place where English law prevails.
If you take a photograph on a circuit, you do so after accepting the
terms of the licence under which you are admitted.
They would also argue about the use of the trade marks.
>
--
David Swarbrick, Solicitor 01484 722531 - da...@swarb.freeuk.com
www.swarb.co.uk - law-index of 10,000+ uk case summaries and uk.legalFQA
The Law Society regulates our investment business. IP / IT Law and Contracts.