Re: working for a client?

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From: Carl Weese (cweese@earthlink.net)
Date: 09/03/02-09:46:32 AM Z


Shannon,

You *never* want to do anything "for hire". This is an important copyright
issue: the phrase "work for hire" is a legal term of art meaning the buyer
becomes the legal creator of a work, cutting out the actual creator for all
legal purposes. You don't want to do this unless you are a full time
employee who gets a steady paycheck, health benefits, a retirement plan, and
a gold watch. All commercial photography (just don't say "hire", please)
should be a sale of reproduction rights (for the web site in this case)
and/or sale of physical prints. The sale of prints does not transfer any
further reproduction rights. You could charge a reproduction fee for the
client to have prints made commercially, restricting the use of the
negatives to that purpose, and restricting any use of the resulting prints
other than direct display.

To make this slightly on-topic, it's very important when selling an
alt-process _print_ to be sure the buyer knows she is buying only the
physical object, not any reproduction rights and certainly not the
copyright.

---Carl

--
        web site with picture galleries
        and workshop information at:
        http://home.earthlink.net/~cweese/
----------
>From: shannon stoney <sstoney@pdq.net>
>To: alt-photo-process-l@sask.usask.ca
>Subject: working for a client?
>Date: Tue, Sep 3, 2002, 8:41 AM
>
> Somebody asked me yesterday to make some large format photographs of
> his landscaping work so that he can use them on his website and make
> some large prints to hang in his office and garden store.  I was
> going to charge him a small hourly fee and let him pay for the film
> and processing and give him the negatives to have prints made; and
> maybe I would scan them for him also.  My partner has hired
> architectural photographers before, and he said that he thinks the
> normal thing is for the photographer to keep the negatives and have
> prints made for the client.  Would it be better to do it that way, or
> give the guy the negatives? I've never done anything "for hire"
> before so I'm not sure how to proceed.
>
> --shannon
> -- 

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