publication rights for movie?

StevenVH · 02-17-2009, 08:37 AM

Hi all, I've been approached by a documentary film project and they want to use some of my still photos. I'm googling, etc and can't find anything at all regarding typical publication rights for the use of stills by the film industry. The contract they've sent me is nothing more than a modified model release and includes terms like "exclusive" and "perpetuity" which I find unacceptable and unnecessary.
Does anyone here have any experience with the film industry? Or have any suggestions of where to look for more info?

tia,
Steven

Jester_rm · 02-17-2009, 11:25 AM

Sorry...no idea about resources on that one, I've never worked with the movie industry. I'd be leary of signing anything with "exclusive" and "perpetuity" without significant compensation though, since you'd basically be giving the images to them and retaining no rights to use them at all yourself forever.

sluggo913 · 02-17-2009, 08:55 PM

The article is called All Rights Reserved (about copyright laws obviously) starts on page 44, on page 47 they list some resources they are as follows: FilmTVContracts.com, MusicContracts.com, MediaLawyer.com, CopyrightWebsite.com, and Copyright.gov. I hope these will help. There is also some good information in the current book I'm reading Successfull Self-Promotion for Photographers (Expose Yourself Properly) by Elyse Weissberg.

Note: When in doubt have a lawyer check it to make sure it is in YOUR best intrest.

Good Luck and Congrats on being noticed for your work.

StevenVH · 02-18-2009, 08:00 AM

Hi and thanks for the replies. All good info, but still not finding what I want. There must be a standardized form and common precedent for the use of stills in movies !!

Arrrgh....

rfortson · 02-18-2009, 02:59 PM

Harlan Ellison - Pay the writer

Perhaps this link can provide you with some insight.

Funny, but true.

StevenVH · 02-22-2009, 12:31 PM

Very funny and sadly true. He's a great character.

thanks

StevenVH · 02-22-2009, 12:38 PM

The only progress I've made on this issue is I've spoken with a veteran, local photographer who has worked with the commercial film industry. He says they always ask for the moon in the hope the photog is inexperienced enough or hungry enough to sign. I wasn't expecting those type of tactics from this group.

more later

StevenVH · 04-08-2009, 03:26 PM

So I didn't sign the original contract and I've now received an amended version. Unfortunately, it still contains what is to me unacceptable terms.
Such as:

"...Photographer grants to [*} the exclusive right to use for three years...and thereafter the non-exclusive right to use in perpetuity the photographs...."

Again, the exclusive rights part to my knowledge means no one, not even myself, can do anything with the photos for that time period.

I want to help the project and would love to have my photos used, but I want the right to sell copies myself at least.

Anybody?

I think I'll ask for a specific clause for my own use of the photos.

tia for any help,
Steven

Damn Brit · 04-08-2009, 07:09 PM

This is where lawyers can be useful.

StevenVH · 04-08-2009, 10:27 PM

Originally posted by Damn Brit

This is where lawyers can be useful.

Yeah, agreed but there's not enough money involved to justify it for me.

I requested an amended release, so we'll see.

cheers

02-17-2009, 08:37 AM	#1
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475	publication rights for movie? Hi all, I've been approached by a documentary film project and they want to use some of my still photos. I'm googling, etc and can't find anything at all regarding typical publication rights for the use of stills by the film industry. The contract they've sent me is nothing more than a modified model release and includes terms like "exclusive" and "perpetuity" which I find unacceptable and unnecessary. Does anyone here have any experience with the film industry? Or have any suggestions of where to look for more info? tia, Steven

02-17-2009, 08:55 PM	#3
sluggo913 Inactive Account Join Date: Nov 2007 Location: Upton, Ma. Photos: Gallery Posts: 108	Just found this in March issue of Videomaker Mag The article is called All Rights Reserved (about copyright laws obviously) starts on page 44, on page 47 they list some resources they are as follows: FilmTVContracts.com, MusicContracts.com, MediaLawyer.com, CopyrightWebsite.com, and Copyright.gov. I hope these will help. There is also some good information in the current book I'm reading Successfull Self-Promotion for Photographers (Expose Yourself Properly) by Elyse Weissberg. Note: When in doubt have a lawyer check it to make sure it is in YOUR best intrest. Good Luck and Congrats on being noticed for your work.

04-08-2009, 03:26 PM	#8
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475 Original Poster	new contract, same issues So I didn't sign the original contract and I've now received an amended version. Unfortunately, it still contains what is to me unacceptable terms. Such as: "...Photographer grants to [*} the exclusive right to use for three years...and thereafter the non-exclusive right to use in perpetuity the photographs...." Again, the exclusive rights part to my knowledge means no one, not even myself, can do anything with the photos for that time period. I want to help the project and would love to have my photos used, but I want the right to sell copies myself at least. Anybody? I think I'll ask for a specific clause for my own use of the photos. tia for any help, Steven

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02-17-2009, 11:25 AM	#2
Jester_rm Senior Member Join Date: Jun 2007 Location: Redmond, Oregon Photos: Gallery Posts: 228	Sorry...no idea about resources on that one, I've never worked with the movie industry. I'd be leary of signing anything with "exclusive" and "perpetuity" without significant compensation though, since you'd basically be giving the images to them and retaining no rights to use them at all yourself forever.

02-18-2009, 08:00 AM	#4
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475 Original Poster	Hi and thanks for the replies. All good info, but still not finding what I want. There must be a standardized form and common precedent for the use of stills in movies !! Arrrgh....

02-18-2009, 02:59 PM	#5
rfortson Veteran Member Join Date: Sep 2006 Location: Houston TX Photos: Gallery Posts: 2,129	Harlan Ellison - Pay the writer Perhaps this link can provide you with some insight. Funny, but true.

02-22-2009, 12:31 PM	#6
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475 Original Poster	Very funny and sadly true. He's a great character. thanks

02-22-2009, 12:38 PM	#7
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475 Original Poster	The only progress I've made on this issue is I've spoken with a veteran, local photographer who has worked with the commercial film industry. He says they always ask for the moon in the hope the photog is inexperienced enough or hungry enough to sign. I wasn't expecting those type of tactics from this group. more later

04-08-2009, 07:09 PM	#9
Damn Brit Guest	This is where lawyers can be useful.

04-08-2009, 10:27 PM	#10
StevenVH Veteran Member Join Date: Jan 2009 Location: N Carolina, USA Photos: Gallery Posts: 475 Original Poster	Originally posted by Damn Brit This is where lawyers can be useful. Yeah, agreed but there's not enough money involved to justify it for me. I requested an amended release, so we'll see. cheers