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Forum: Photographic Industry and Professionals
02-02-2014, 11:42 AM
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- The client wants the photos to be freely available to non-commercial entities like schools (CC Non-Commercial, check)
- The client wants to be able to use the photos in multiple media streams - I believe that this can just be stated in the contract.
- The client wants to be able to sub-license usage to their partners as needed - This may raise the fee slightly, but you indicate that this has already been settled. You might stipulate that when they do this, they send you an email indicating who, so that if you run across the image, you will not consider it "borrowed" (a nice term for stolen).
- I want to retain copyright and be able to use/resell the photos. The client is fine with that.
- However, the client also specifically states they don't want their competitors using the photos, which puts me in a potentially difficult position about how *I* reuse the photos - A list fo "competitors" from them would be in order here. It may be difficult for you to know who they may consider being a competitor.
- While on site and traveling, I suspect I will get photos I can use but they'd never want
The client is a complete novice at this and I am just a step above. We already tentatively agreed on a day rate with me retaining copyright but that was before discussing the licensing limitations they want; I told them I would investigate the best way to handle this. - you may want to try to find a copyright attorney (perhaps together, but the attorney may resist that), to formalize the agreement, especially since it has some custom conditions.
One way I have considered is that they pay me the day rate, I grant them non-exclusive license and then a clause that says I will not *knowingly* license photos to potential competitors, but am not liable for mistakes. That strikes me as unsatisfactory, since it prevents any agency agreement or stock photo situation. - As suggested above, a list of "competitors" would help.
:cool:
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Forum: Photographic Industry and Professionals
02-02-2014, 11:26 AM
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Good Morning - I was reading the thread, and clicked on your link to the Pricing & Negotiating blog - and then stopped. I don't in any way pretend to be a professional photographer, or even a photographer for that matter (maybe a rank hack perhaps). However, the blog link that you posted is excellent. I remember reading the IEEE Spectrum article that was referenced first. For someone with any inclination towards doing something along these lines - even once, this article is a gold mind of information.
You should post the link in a stand alone thread so that it can be found a bit more easily.
:cool:
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