I have a question about a shoot I'm doing for a local lifestyle magazine. The magazine contacted me to shoot some food shots for an article. They picked the restaurant to provide to food and location and I get to shoot there. My question is does the restaurant get to use my photos for their own use and advertising or does the magazine hold on to my images and only the magazine has rights to them? There was no contract and I'm getting paid from the magazine for the shoot.
Thoughts?
Without a contract, my thoughts are that you keep copyright and the magazine gets unrestricted use of the the photos. I think it is reasonable that the magazine get to reuse the photos for advertising by the restaurant in its pages, but the restaurant does not get rights to use the photos in advertising in other media. It is very important that you have a specific understanding of ownership and right with any client, even if there is no contract or its only a matter of time before a dispute. Its not hard to say "For this $$$, the magazine will get unrestricted use of the images and I keep copyright."
My strategy for magazine shoots is to offer the restaurant 5 photos for social media use with watermark credit, and offer to negotiate rates for other uses. So far, about 10% of my magazine shoot restaurants have licensed the photos or booked me for other work. You should always make a solid contact with the manager/owner, provide them a business card, and get their email for future promo.
Joseph
my first question is: why is there no contract? At least in your invoice you can still limit the mag's use of sale of YOUR work (to stock, or whoever). Something like "...client purchases x# of images for their use in x# of issues and for x amount of time on their main website, named www... copyright remains the property of the photographer"
Now to your question:no the restaurant has no rights to use YOUR images without your release. They are not the magazine, so they are not your client. And if you let them have your pictures for free or think that the magazine should be able to make that decision, you will be leaving $$$ on the table. maybe not much $$ but more than you will get for thinking the mag can give your work away.
Hi, Joseph in the past i work like this to some magazines, what i do its too keep clear to the magazine and the restaurant that the photos can only be used for the issue.
Because some times the price to a magazine is lower, than the price for a restaurant advertising.
i can understant the no contract problem, i live in a country (mexico) that a lot of time if i talk about a contract they just search someone else.
I draft an Estimate for all projects whether it's Advertising, Commercial or Editorial. My Editorial projects are for one time use and the images will not be shared with anyone. I will license them to the restaurant if they desire but they are not to receive anything from the magazine except for a copy of the published piece and they are not authorized to use it. Editorial does not pay enough to cover anything except a one time use.
If you shot the images you own the images. Period. It does not matter who sent you there and it doesn't matter who paid you to go there and shoot the images. If a magazine wanted you to create some images for their publication they do not get unrestricted rights automatically because they paid you and set the shoot up. They need to pay you to use the images that you created for a period of time and specific purpose, it is called "usage". If you want to give them unrestricted rights you can but it is not automatic. Since there is no contract no one has rights to those images but you so I would sell some usage rights to the restaurant too.
Get a contract next time. If you dont know what to charge for image usage in you area get http://blinkbid.com/
I hope this helps.
Nathan
http://www.nathanpedigophotography.com/
The general rule is that you own the images and the magazine is allowed to use them as they are the ones that hired you. Any other use of the images is via a negotiated price and usage contract. Make sure this is clear as you do not want to upset the apple cart. You can and should offer a discount to the restaurant as an incentive for them to purchase or hire you in future. However do not feel obligated to give the restaurant anything as they are not the ones that hired you.