Re: working for a client?

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From: shannon stoney (sstoney@pdq.net)
Date: 09/03/02-09:29:24 AM Z


Carl wrote:

>
>
>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.
>

If you sell a person the reproduction rights, say for their website,
do they keep the negative, or do you? And how do you know what to
charge them? Do you set a fee for each time they reproduce the
image? And what if you make a digital photograph or a scan? Do you
keep a copy and they keep a copy, and they are sort of honor bound to
pay you every time they reproduce it? If you are not developing the
website for them, it seems as if you would have to give them the scan
to work with. Maybe this is too big a topic for this forum; but if
so, is there a reference book or website or magazine article that
might explain how to do this?

--shannon

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