Crossing lines from the nature photography world into pets, I'm wondering what sort of terms and conditions you place into your agreements.

Do you retain rights to use images for Promotions, Advertising, Commercial use etc?

Do you grant "unlimited personal use" rights to a client and then include language on what does and does not constitute personal use?

Do you "commit" to keeping the originals available for a certain period of time?

Do you include "educational material" on why "print your own" is a bad idea for the client? Quality (color control, paper, ink, archival quality, etc) is where I would focus this.

For those of you who provide digital copies on CD/DVD, how do you restrict the use of those images, or do you even bother since there is little hope of controlling it anyway?

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For those of you who provide digital copies on CD/DVD, how do you restrict the use of those images, or do you even bother since there is little hope of controlling it anyway?

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There you go.

1. Yes.

2. No. They get a print or prints and they are to commemorate the win period. If they want to use the image for advertising, web, etc., they have to have my written permission and order appropriate media i.e. high-rez file.

3. No. I archive all my shots but I am not required to keep them for a specified amount of time. I do, however, provide CD/DVD show books to the show chairs. Keep in mind that my contracts are with the Show Chairs and my "products" are sold to the exhibitors so there are two levels of rights/usage.

4. Not any more. It's like talking to the wall. Those that do understand, don't want to be lectured; those that don't understand never will.

Keep in mind that it is almost impossible to police the usage of an image after somebody has received it. I realize that folks scan the prints and put them on their websites. I try to make sure that they at least have done a decent job and that my sign (my copyright) is visible. That's pretty much all I can do.

In advertising, I try to make sure folks order the file but, again, it's almost impossible to stop them from scanning and sending a file to the publication. Most of the pubs will contact me if the file they get is lousy. My objective is, again, to make sure I get the credit for the photo so if the sign is visible, I'm OK with it. Because I don't put the signs in until the work has been paid for, I know that I've at least gotten paid for the print.

As for my non-show portraits, most folks order the prints they need and most will ask for web files if they want them. I haven't had any problems with folks trying to steal images in this venue.

For my commercial work, I negotiate with the client what they need. If it's a buy-out, they pay an appropriate price. If it's single usage, they pay that price. My bottom line is that I want to get paid for the work and not spend my time policing usage. And, if I've done a good job, I'd like to get hired again. So I negotiate a rate that works for both the client and me.

Jim

Thanks Jim.

A lot of this is pretty much what I expected, but I learned long ago never to assume.

I'll be turning to "Business and Legal Documents for Photographers" for some form templates and such.

Another question,

Do you get model releases for the humans that choose to appear in the photos?

If so, do you incorporate the model release into the the main agreement, or get it separately?

Do you retain rights to use images for Promotions, rdvertising, Commercial use etc?

1. Absolutely.

Do you grant "unlimited personal use" rights to a client and then include language on what does and does not constitute personal use?

2. Yes and no. I do give them rights to do what they want with the photos. They just cannot sell them or publish them in a magazine.

Do you "commit" to keeping the originals available for a certain period of time?

3. No. I don't. While I certainly do keep the images for a long long time (in perpetuity if I really like them), I don't make the guarantee.

Do you include "educational material" on why "print your own" is a bad idea for the client? Quality (color control, paper, ink, archival quality, etc) is where I would focus this.
4. I don't do this - and honestly, I should. This is a great idea. My biggest worry about giving out files is how they will look after someone else gets their hands on them.

For those of you who provide digital copies on CD/DVD, how do you restrict the use of those images, or do you even bother since there is little hope of controlling it anyway?
5. I don't really try to make restrictions. I do watermark them, but not enough to impact the viewing quality of the images.

Do you get model releases for the humans that choose to appear in the photos?
6. Yes. You need it if you ever intend to publish them.


Cheers
James

Thanks James,

Do you do separate model releases, or add language to your regular portrait agreement?

No. Everything is in one release. I actually don't bother with releases when just shooting pets. While some argue that it cannot hurt, I believe that the law has never given any pet (or its owner) - unless you can prove its entire uniqueness from any other in its own breed - any sort of exclusivity.

James