Re: [APML] OT: Buyout Rights of Images

["Steve Lindsey" <stevelindsey@earthlink.net>]

Thanks a bunch to all who got back to me on this.  I'm way out of my league 
in this area.  Seems pretty safe though I'll try to get a slight tweak on 
the language so it reflects use related to just the movie.

Steve

----- Original Message ----- 
>
> Hi Steve,
>
> I'm not a lawyer, and this is not legal advice. It's my opinion after 
> licensing stock images for the last 15 years, and it is fairly educated.
>
> If someone wants to use your image in a project that is for profit, they 
> should pay a license fee, no matter how small it might be, for the right 
> to license the image.  You can bet that everyone else is getting paid for 
> their work, such as the director, etc.
>
> As far as the language in the contract they sent you, it's fairly standard 
> with folks are trying to get ALL rights to do whatever they want with your 
> image, for however little they pay you. This is not the way it works. 
> Photographers license specific uses, and have their license fees based on 
> that. Extra uses means more fees. Just like when you get basic cable. You 
> pay a basic fee. Then, if you want more, they charge you extra for more 
> channels, like HBO.
>
> The paragraph from the contract above wouldn't be that bad, except for the 
> phrase "and for any profit or non-profit purposes". This basically gives 
> them the right to resell your photo to whoever they want. For example, 
> Bill Gates might somehow see this photo in their film and fall in love 
> with it and decide to put it on the cover of Microsoft's retail box for 
> the next version of Windows. You might be talking about hundreds of 
> thousands of dollars for that license fee.  Now, this may seem like a 
> ridiculous and extreme example, and maybe it is, but why on Earth would 
> you want to give away the rights to your photos like that?
>
> If you still want to give it to them, at a very minimum, insist that the 
> line "and any ancillary use or derivative works and for any profit or 
> non-profit purposes." be taken out of the contract.
>
> With this wording you still retain the copyright to the image, there is no 
> language in there transferring the copyright to them.
>
> Remember, a contract (and this is what this is, if you sign it) is 
> something that has to be agreed to by both parties. It's not a take it or 
> leave it deal. Also, tell them that for a contract to be binding, you have 
> to receive something of value in return. That's the law.
>
> Jerry
>
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