Photographers can generate
revenue from both securing
commissions to create new
photographs and generating
income from managing the value of existing
photographs. Understanding the value of
copyright is key to success as a professional
photographer, along with negotiating fair
terms and maintaining accurate sales records
to support and protect the value of your work.
COPYRIGHT BASICS
You hold the copyright for your original works, and
have the right to control the commercial rights to
your images throughout your lifetime, plus 70
additional years by your heir(s) or designated
representatives. After this ownership period
expires, your original works become “public
domain” with the rights to your work shared by
everyone.
Images for which you own the copyright can
be licensed again and again. Opportunities can
include advertising campaigns, magazine or book
covers, product packaging design, communication
graphics in museum or institutional settings and
images produced as wall décor for hotel chains,
among many other uses. Keep precise records of
what works you’ve licensed, the fees, terms of use,
where and how the image was featured and the
license expiration dates. Lastly, I encourage you
to register your images with the U.S. Copyright
office to better protect yourself, should you have
to defend your copyright against a violation.
CONTRACT BASICS
When you are contracted to create new work, you
will decide and negotiate what rights the client
has to reproduce the images you create: Can they
be featured only once (the cover of one issue of
a magazine) or multiple times (an ad campaign
appearing for a specific length of time)? Unless
you agree that upon completion you will transfer
copyright of the work to the commissioning client
(which I do not recommend, as you are giving
up any chance for future revenue from those
images), you continue to own the rights to the
work you created and can offer them to additional
buyers, renegotiating terms with each usage. The
same principles apply when you are asked to
license work from your personal projects.
It is important to define each usage in detail so
that when reproduction rights are requested you
are able to state with authority that you have or
have not allowed a specific image to be featured
within ad campaigns for a particular market (i.e.
healthcare, travel, sports), and if so, when the
rights you granted expire (six months, one year,
three years and so forth).
If you allow an image to be featured in a
campaign for a particular airline for example,
it would not be wise to offer the image to a
competing airline, or even a cruise line. Similarly,
if an image is featured on the cover of a work of
fiction, the accuracy of your record-keeping will
prevent you from accidentally granting permission
to feature the same image on a book produced by
a rival publisher unless those rights have expired.
Value for reproduction rights is determined
by two overriding factors: the size of your image
within the overall design, and the size of the
audience for the final product. The cover of a best-selling novel will have more value than the book
of an unknown author, as more copies will be
printed. The full front cover of a book or magazine
has more impact and value than an interior
quarter-page reproduction. Similarly, prominent
placement on the home page of a website
commands more value than being featured deep
within the website.
There are a few other things to consider
when licensing your work. If you do not wish for
your image as presented to be altered (cropped,
flipped, tinted, etc.), alert the client early in
the conversation. It is also important to prove
you possess any applicable model or property
releases. You can also request to see the layout
that will feature your images; this will allow you to
confirm the details you agreed to.
These essential business details may be better
handled by a licensing agency that will advocate on
your behalf and secure essential documentation
to accompany every sale. I encourage all of you to
plan on being your own agent, however, until such
time that you have amassed a collection that an
agency wishes to represent. EDU
Mary Virginia Swanson is the
director of LOOK3 and an award-winning
educator, author, mentor and entrepreneur
in the field of photography. Visit her
website at mvswanson.com.
Mary Virginia Swanson
Advises on Licensing Existing Work
A new client is interested in licensing some of my
photographs. What do I need to know before signing a contract?
SNAPSHOTS: Ask MVS
Q:
A:
facebook.com/nikon
youtube.com/NikonUSA
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instagram.com/nikonusa
NIKON NEWS — At the Consumer Electronics Show in Las Vegas this past
January, Nikon unveiled its first product in the action-camera market for travel,
sports and adventure photographers. The Nikon KeyMission 360 is a 360 degree 4K
UHD video camera that will withstand rugged conditions. Shockproof, waterproof,
freezeproof and dustproof, the KeyMission 360 features an image sensor and lens on
opposite sides of the device to produce 360-degree still images and video. More from
Nikon’s new lineup of action cameras and accessories will be available this spring.
Visit nikonusa.com for more information.
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