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Copyright Issue
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I am showing some of my images of Limerick city for a new events management company in Limerick and so far what I have shown them – they like. They did not engage me yet as I emailed them off the cuff for a college project and they are happy to help and use images.
My question is with regard to copyright – this is an area that I am not clear about.
Even though they are using the images – is copy right still retained by me or does it now transfer to the would be client.
Any advise greatly appreciated. I have done some research but its as clear as mud to me.
Thanks
Helen
As far as i am aware copyright will always remain with you unless you explicitly sell it but you might be granting them the right to distribute and resell the images so its always best to have something in writing.
Mark
Sounds like you have simply granted them license to use your images.
Copyright will always remain with you, unless you draw up a contract stating otherwise. Most photographers would only transfer copyright of images for a very large fee. Otherwise, images are simply licensed (with fees and terms & conditions specified).
Hi Helen
As others have said, you still retain the copyright of your images – unless you actually sign them over in a written agreement… which you should watch out for, as some companies will try to get you to do this.
So always read the small print, before signing any agreement.This book by the Association of Photographers is worth buying and reading: Beyond the lens.
Plus you should bookmark this website: copyright4clients – which as the title indicates, is designed for your clients to read.One last thing, you should always provide your clients with a Licence to use form – even if there is little or no fee involved – when you provide them with your images… for them to use.
You can download a copy of this from the AOP’s website – AOP Downloads.
That way, there will be no misunderstandings down the road i.e. you thinking one thing and them assuming something else.Ashley you are a star – these are excellent references for me – I really do appreciate that.
H
Helen wrote:
… these are excellent references for me – I really do appreciate that.
No problems.
If you need any help filling it out, just ask.
But here is an example of one I did today: Licence No. 20100928-00016534It’s fairly straight forward as you can see.
Simply tick the boxes in accordance to your understanding of the agreement.Then either send them a copy in the post (along with your images and invoice) or email it to them (Print / PDF / Save as pdf or Mail pdf).
I would also recommend you put a copy of the pdf on the CD or DVD containing the images – and that should then help you avoid any misunderstandings, that may occur, down the road – due to you thinking one thing and them assuming something else – which often happens if the paperwork isn’t done.N.B. I have never had a client complain about receiving this – it’s simply been seen as good business practice – and many have thanked me for that, because they don’t want to get it wrong, any more than you do.
Ashley wrote:
But here is an example of one I did today: Licence No. 20100928-00016534
That’s a great example Ashley, makes it nice and easy. One question though and it might sound silly! what is the Clause 5 detailing? And what would be typical Clauses 1-4? I’ve seen this in other examples, but it’s always overleaf and the overleaf isn’t viewable. Is it the T&C as outlined in the AOP download of Terms & Conditions for Eire?
Thanks
DorDor wrote:
One question though and it might sound silly! what is the Clause 5 detailing? And what would be typical Clauses 1-4? I’ve seen this in other examples, but it’s always overleaf and the overleaf isn’t viewable. Is it the T&C as outlined in the AOP download of Terms & Conditions for Eire?
Thanks
DorYes it’s the AOP’s recommended standard T&C … ‘Terms & Conditions – Eire’ in your case, as you are based in the South of Ireland.
Anyway, I have updated Licence No. 20100928-00016534, so you can now see it in full form – as it should be.
You should also put these same T&C on the back of your quotes & invoices – so as they become your standard T&C.Then should you ever happen to hit a problem – you can always contact the AOP for legal advice.
Excellent Stuff there Ashley and the information supplied here is exactly what i was looking.
Thanks
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