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paid for hire contract
Old 07-30-2006, 10:34 AM   #1 (permalink)
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I had a model contact me to shoot her and she would pay my rate, and she wants to own the copyright's too, but I can use in my portfolio.

anyone have a word document of this.

email: rdphotog@sbcglobal.net


thanks
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Re: paid for hire contract
Old 07-30-2006, 10:41 AM   #2 (permalink)
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Ask yourself, how bad you need the money. Why does she want to own the copyright? Maybe all she really needs is unlimitted use. Or maybe the type of photo she wants taken, she doesn't want posted all ofer the internet. You haven't really given enough info to answer your question.
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Re: paid for hire contract
Old 07-30-2006, 03:06 PM   #3 (permalink)
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Quote:
Originally Posted by kwik67
I had a model contact me to shoot her and she would pay my rate, and she wants to own the copyright's too, but I can use in my portfolio.
anyone have a word document of this.
email: rdphotog@sbcglobal.net
thanks

Last time I checked..When a model is paying you to shoot them they should own the rights to the images. If you are paying the model I can see that it would be you that would hold the rights to the images.

Mike
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Re: paid for hire contract
Old 07-30-2006, 04:13 PM   #4 (permalink)
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Quote:
Originally Posted by That_Look_Photo
Last time I checked..When a model is paying you to shoot them they should own the rights to the images. If you are paying the model I can see that it would be you that would hold the rights to the images.
There is a humongous difference (stupendous! gigantic! All those other adjectives included herewith by citation...) between the COPYRIGHT for an image and the rights to USE the image.

A photographer that willingly gives up the copyright is forever giving up all rights to control how that image can be used, modified, bent, stapled, folded, mutilated, and set to music. That's not a good thing, usually, unless the customer is paying a very large sum of money.

A much smarter thing to do, as has already been suggested, is to find out what useage the customer wants and then license the image for that specific purpose for that period of time. That way, the photographer retains control of the image for all other uses, and can prevent anyone else from using the image. And, if the customer doesn't follow the contract regarding useage (either the specific use or the time limits), then the photographer can go after the customer for additional payment based upon contract law which is oh, so much easier to pursue than a straight copyright violation.
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Re: paid for hire contract
Old 07-30-2006, 04:22 PM   #5 (permalink)
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Quote:
Originally Posted by kwik67
I had a model contact me to shoot her and she would pay my rate, and she wants to own the copyright's too, but I can use in my portfolio. anyone have a word document of this.
As has been already suggested, you might want to consider selling her the rights to USE the image, instead of transferring copyright to her, unless she's (a) adamant about OWNING the image and (b) is paying you a lot of money. Once you've given her the copyright to the image, you do not have ANY control of the image - not how it's used, modified, or where it's used.

Better to find out what useage she wants to make of the images and quote her a price based upon that use. If she's doing a web page, is she also doing print ads? How many copies? How many page views? etc.

Then, find someone that has a copy of Photoquote (a professional pricing estimator) and see what they suggest such use should be worth.


As far as the contract goes, if you're bound and determined to do it yourself (as opposed to having a professional such as a lawyer do up the contract for you) then it would look something like:

Quote:
"For consideration of X-thousand Y-hundred dollars to be paid at the time of contract signing, RDPhotography licenses the images identified as RDP07-2006-13-123, etc. to Miss Marky Farky for the use on the web sites of her choosing and for a maximum of two billboards to appear in the State of Confusion, for a period of two years and no days, beginning upon signing of this contract. Etc. etc."
Look on some of the legal forums (and maybe Nolo Press's web site) and you may find some rights/useage contracts. Might also check with some of the forums that wedding photogs frequent. There's a few of 'em over on sportsshooter.com but you have to be a paying member to see them.

That help, any?
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Re: paid for hire contract
Old 07-30-2006, 06:18 PM   #6 (permalink)
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Quote:
Originally Posted by That_Look_Photo
Last time I checked..When a model is paying you to shoot them they should own the rights to the images.
Mike
When was the last time you checked, and where did you check? Mars? (Or maybe Canada? Same thing.)

In the US, the photographer owns the copyright to the image including all usage rights, unless and until they assign some or all of those rights to somebody else. The fact that they are being paid has nothing to do with it. Being paid is necessary, but not sufficient, to form a "work for hire" agreement, which is the only time, in the US, that the first sentence of this paragraph is not true. (Here's a good indicator: if you don't have a written agreement which says, "This is a work for hire," it's almost certainly not a work for hire.) This is *not* true in many other places, I hasten to add, including our loveable neighbor to the North.

It does seem reasonable, that being said, that a model who's paying should have reasonable use rights included in the deal. No problem there. But ownership of the copyrights? Oh Hell no. You want copyrights, take my day rate and multiply it times ten just to get my attention.

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Re: paid for hire contract
Old 07-31-2006, 11:22 AM   #7 (permalink)
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ok, I went back and reread the emails, she is just seaking all rights use (web, print, but more then likely just for her website), not copyright.
ok anyone have anything out there that we both can sign.
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Re: paid for hire contract
Old 08-08-2006, 12:03 AM   #8 (permalink)
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Quote:
Originally Posted by That_Look_Photo
Last time I checked..When a model is paying you to shoot them they should own the rights to the images. If you are paying the model I can see that it would be you that would hold the rights to the images.
Mike
that is how I always understood it, as well.
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Re: paid for hire contract
Old 08-08-2006, 12:47 AM   #9 (permalink)
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Quote:
Originally Posted by terrace
that is how I always understood it, as well.
Incorrect, the photographer always owns the copyright, unless he is an employee somewhere, in that case the company owns the rights.
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