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12/6/2019 7:27:02 PM
Posted: 6/3/2008 7:37:19 AM EST
Hi guys, today I was asked by a previous client's son to do some photo work for him. He's an aspiring track star and wats some sports shots done for his personal website. He will not be using the photos for any magazines or anything else.

Since I'm just starting out, kind of a weekend warrior hoping to turn this into a profession, I was thinking of just charging him one fee. That covers my time, and a DVD with all the images.

Does that sound about right?

Should I have any paperwork prepared regarding further usage of the photos?

I'm still new to the "making money in photography" side of things.
Link Posted: 6/3/2008 7:40:26 AM EST

Originally Posted By ZuIu:
Hi guys, today I was asked by a previous client's son to do some photo work for him. He's an aspiring track star and wats some sports shots done for his personal website. He will not be using the photos for any magazines or anything else.

Since I'm just starting out, kind of a weekend warrior hoping to turn this into a profession, I was thinking of just charging him one fee. That covers my time, and a DVD with all the images.

Does that sound about right? Yes

Should I have any paperwork prepared regarding further usage of the photos? Yes

I'm still new to the "making money in photography" side of things.


That is what I would do
Link Posted: 6/3/2008 7:43:10 AM EST
What type of paperwork? Just something explaining that these pictures will be used for only his personal website (should I have the address spelled out on the form?)

And if any further use is desired, what should be said?
Link Posted: 6/3/2008 9:37:32 AM EST
[Last Edit: 6/3/2008 9:43:45 AM EST by Hoplophile]

Originally Posted By ZuIu:
What type of paperwork? Just something explaining that these pictures will be used for only his personal website (should I have the address spelled out on the form?)

And if any further use is desired, what should be said?

The paperwork needs to state whether you or him are the owners of the photos (aka who holds the copyright). I don't know about photography but in most other fields if you are paid to do it then it is work for hire and the copyright is owned by the people who paid you for it. I would expect a standard photo contract to say that you are being paid to produce the pics, the pics are owned by the customer, you are allowed to use the pics as part of your portfolio but cannot sell the pics to others or give others permission to use the pics.

ETA: This is different than a contract you would make with a model, in which case the contract would state that you own the photos. If a professional (or aspiring pro) model is used then it would grant them permission to use the pics in their portfolio but not to sell them or grant others persmission to use them.

As a pro, you'll want to come up with standard contracts for both customers and models and have it reviewed by an attorney. Depending on teh type of photos you're taking you may also need a "waiver" form for third parties who end up in shots that will be similar to the modelling contract but without the portfolio clause and with something saying they don't get paid.
Link Posted: 6/3/2008 10:13:42 AM EST
Link Posted: 6/3/2008 10:53:53 AM EST

Originally Posted By Phil_in_Seattle:

Since I'm just starting out, kind of a weekend warrior hoping to turn this into a profession, I was thinking of just charging him one fee. That covers my time, and a DVD with all the images.

Does that sound about right?

Should I have any paperwork prepared regarding further usage of the photos?


That's all up to you and the client.

Lot's of people do turn and burn work. (shoot it and turn over the images/files/film).

The images are yours you hold the copyright to them, unless you transfer it.

There are an infinite number of options including you retaining full rights to the images releasing them only for use on his personal website, retaining rights to the images while releasing them to him for any and all promotional purposes, or you can transfer the copyright to him.



Some of my cleanest/fastest jobs, in terms of wrapping things up with the client were these turn and burn jobs. I just charged my hourly rate, and in most cases don't add a premium for releasing rights to the images because they are stuff I have ZERO interest in. For example, I can go the rest of my life not caring what my picutres from a Chamber of Commerce annual banquet look like. In the pre-digital days, I left the film with them on the way out the door.

shooter
Link Posted: 6/5/2008 4:29:44 AM EST
How old is the Client's son? If under 18, parent/legal guardian NEEDS to sign contract/waiver form also.

As far as charging the client hourly, I charge $75/ hour, min 2 hours, also charge a travel charge for anything more than 20 minutes from my house. I know you didn't ask for figures, but thought I would throw it out to you. Just remember, don't under-price yourself, once you start charging a fee, it's hard to increase it.
Link Posted: 6/5/2008 6:54:52 AM EST
you want to extend limited, non-transferable rights to use the images for non-commercial, editorial purposes. The right should be revocable at any time for any and all reasons.

Scenario:

this kid sets the 100 meter world record 5 years from now.

SI wants your image and they'll pay thousands of dollars for it.

But ony if they have exclusive rights.
Link Posted: 6/5/2008 7:16:16 AM EST

Originally Posted By NoVaGator:
you want to extend limited, non-transferable rights to use the images for non-commercial, editorial purposes. The right should be revocable at any time for any and all reasons.

Scenario:

this kid sets the 100 meter world record 5 years from now.

SI wants your image and they'll pay thousands of dollars for it.

But any if they have exclusive rights.


Scenarios like that are why you NEVER GIVE UP COPYRIGHTS!!!

I am also a part-time "weekend warrior" photographer but I make sure that I get paperwork from EVERY client.

Business Legal Forms for Photographers is a good book for you to get. It has a disk with many different "boiler plate" forms and contracts that you can print.

Also the turn and burn sounds like a good idea for this kid, you might want to consider only giving him low res images for the web site.
Link Posted: 6/5/2008 7:50:46 AM EST

Originally Posted By NoVaGator:
you want to extend limited, non-transferable rights to use the images for non-commercial, editorial purposes. The right should be revocable at any time for any and all reasons.

Scenario:

this kid sets the 100 meter world record 5 years from now.

SI wants your image and they'll pay thousands of dollars for it.

But ony if they have exclusive rights.


You picked the perfect scenario.

The guy is in his mid 20's and wants to be an Olympian track star. He wants me to take pictures of him for his website, as he's a coach and also looking for sponsors.

Thanks for all the help guys!

Link Posted: 6/6/2008 4:05:07 AM EST
I don't think this would technically fall under work-for-hire. Even when I'm specifically commissioned (for example, to shoot an artist's work for their website) I state in the contract their usage rights and that I retain the copyright.

Be sure to embed the usage rights in the image metadata also. Tag them as copyrighted and enter the requisite info in the IPTC fields.
Link Posted: 6/6/2008 6:29:56 AM EST
No it's not work for hire. Work for hire would only be if he worked for the guy and as a part of his work he took pictures. If being hired to take specific pictures was work for hire then only self assigned photographers would ever retain copyright. It is still a good ideas to specify that you are not doing work for hire and that you retain all rights not specifically paid for in your contract.
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