Copyright Assignment

Question

Whilst working on commission for an editorial client you realise that you have taken photographs that would have long term use. How would you negotiate with your client to retain copyright of the pictures and the option of selling them to another magazine?

Approach

I meet my client at a neutral location with pleasant atmosphere, such as a café. I tell her, that I care about our agreement and want to recommend a suiting solution, appropriate to both, her and my interests.

I suggest granting her an exclusive license to publish the photographs for the first time in the EU. Through the license we can specify the term, the quantity, the media, and even more, if desired, so that the price to pay for the usage is limited and adapted to the real and declared application. (Source page 39)

Licensing the reproduction of the photographs to her as publisher is the customary and preferred practice and makes a disproportionately expensive assignment of the copyright no more necessary. In this way the first ownership of the copyright stays with me, which is the basis to protect my work and earn my living. (Source page 32, 38)

I hand over the reworked estimate, including the agreement about the work itself, terms and conditions of business and license. The client can take it with her to re-read without excitement.

Indicating the opportunity for her to share the exclusive license beyond her in-house syndication, I appoint our meeting in two days to fix the agreement. When saying goodbye I add, that of course, we could agree to a license for usage without exclusiveness, which would be the most reasonable low-priced version. (Source page 38)

Source

Beyond the Lens: Published by The Association of Photographers Limited. © Janet Ibbotson 2003