Mayssan1@AOL.COM on tue 13 mar 01
Just a quick question.
Some photographers would like to retain copyright to their creation, That is
their image of your work.
So which artist owns the rights?
Mayssan
JAlexan491@AOL.COM on tue 13 mar 01
This is a very valid question about who owns the rights to the photo
reproduction, the artist or the photographer?
I am a photo stylist and a food stylist along with being a clay artist. So
when I am the one putting in all the time to arrange a photo, and all the
photographer does is snap the photo, should I have to get his permission and
pay him, everytime I want to have my photo reproduced or published?
Janice in Wilmington, NC
Cindy Strnad on tue 13 mar 01
Hello, Mayssan.
The publisher holds the copyright to the specific instance of the photograph
presented in his book. This protects both of you.
If I were contributing a photo of my work to a publication, I would include
a short written contract stipulating that I was granting one-time
publication rights only to the publisher, that further publications of the
photo (in a different book, of course--this wouldn't apply to additional
print runs of the same book) might be done only with my written permission.
I would specifically retain copyright to the photo. I can't imagine any
publisher would have a problem with this.
Cindy Strnad
Earthen Vessels Pottery
RR 1, Box 51
Custer, SD 57730
USA
earthenv@gwtc.net
http://www.earthenvesselssd.com
Snail Scott on tue 13 mar 01
At 07:58 AM 3/13/01 EST, you wrote:
>Just a quick question.
>Some photographers would like to retain copyright to their creation, That is
>their image of your work.
>So which artist owns the rights?
> Mayssan
>
It depends on your arrangement with the photographer,
regarding the specific photograph. Most photographers
do not retain copyright on documentation photos -
that's sold to you along with the cost of the shoot.
Some insist on photo credit, though. That means that
you can reproduce the image, and give others permission
to do so, but each reproduction must be accompanied by
a written 'credit' statement, like:
photo credit: Joe Shutterbug
(I don't bother to do this with slides; just with
things destined for printing, like ads or brochures.
I write it on the back of prints, though.)
In my experience, most documentation photographers don't
require this, although some do. Very few try to retain
actual copyright.
-Snail
Cindy Strnad on tue 13 mar 01
Janice,
You need to work this out with your photographer. Legally, I believe he owns
the copyright unless he relinquishes it to you. I would expect he would be
willing to do this.
Cindy Strnad
Earthen Vessels Pottery
RR 1, Box 51
Custer, SD 57730
USA
earthenv@gwtc.net
http://www.earthenvesselssd.com
Milton Markey on wed 14 mar 01
In a message dated 3/13/2001 Mayssan writes:
> Just a quick question.
> Some photographers would like to retain copyright to their creation, That is
> their image of your work.
> So which artist owns the rights?
>
=========================
Hi Mayssan, and Everybody!
I think there are two copyrights ("C's") in consideration here: The
photograph "C," and the art "C." In other words, both the image itself and
the thing in the image, can be copywritten. The photographer can retain
rights to the image, and the artist can retain rights to the art. Unless
there's an agreement otherwise, this division of copyright ownership is
generally accepted.
It gets sticky once the art is sold to a collector, who may assume that he's
buying the artist's and the photographer's rights, at the time of purchase.
It never hurts to inform a buyer of the copyrights, and which party(ies) will
own which copyrights, after a work of art is sold.
I suggest negotiating copyright details prior to signing a contract with a
photographer, if the artist wants to retain all rights. Most often this is
easily accomplished.
The best thing to do is to not copyright the art, unless it's an absolutely
impeccable piece, or if the artist is widely well-known and respected, as
well as wealthy enough to hire a copyright attorney, to do the copyright
negotiating and protecting.
Best wishes!
Milton NakedClay@AOL.COM
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