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Tyler Newcomb's picture

RESOLVED: What should I ask from a small business that wants to use my photos?

Hello!

So I work at my local rock climbing gym, and they desperately need photos for things like posters, website, newsletters, etc.

I have agreed to help out, but I am not sure what to ask in return. I get paid hourly for the time I take shooting and editing photos (not on number of keepers), but I don't know if I should ask for a small photo credit at the bottom or if I should give up copyright for an additional charge? And if I am going to charge per image, how much?

Thanks

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15 Comments

Chris Adval's picture

I don't understand, you get paid hourly by the gym while you work on photography? Also what country/state you're in? Some copyrights injunctions vary state to state and country to country.

This could be a very messy mess if you did take photos while on the clock for them as that could be an automatic "work for hire" situation and they literally own the images, even if you were not hired explicitly for photography. If this is the case then ask for a credit and hope they don't realize this. I wouldn't ask for money then they will look into the legalese.

If you were hired to go onto the property that would be a different story and dependent if you did or did not discuss licensing/rights, and if you were or were not hired as a work for hire.

Tyler Newcomb's picture

So what I am getting is that I should ask for credit and work out a basic contract? Thanks for your response.

Chris Adval's picture

If you worked on "their time" yes... that I would assume would be considered presumed work for hire so they technically own the rights.

Tyler Newcomb's picture

I talked to the marketing director today. She said that i could do whatever i wanted with my photos, even if they were created on the gyms time. So I will own the copyright, get photo credit, and be able to sell and use my photos for my portfolio. So the only thing they ask is that i provide them with "any photos that would work" she said that she "trusts my creativity and judgement"

Chris Adval's picture

got that in a written contract? ;-)

Tyler Newcomb's picture

Haha I will soon I am working on it now. Thank you for all your advice!

Rob Mynard's picture

This sounds like a standard "work for hire" situation and in that situation the gym would already own all the rights to the images to use them however they like with no need to credit you, unless you've worked out something different in the contract... and while we're there, make sure there's a contract so you have it in writing, not only to prove whether or not you're allowed to use the images in your own portfolio but also to make sure you're not liable for any unforeseen lawsuits based on the images. I know of one photographer who's images were used in an ad campaign that was found to be infringing on another intellectual property and the parent company just sidestepped and put the weight of the litigation onto the photographer when they were just shooting to a brief. It could have been avoided with a better contract...

Tyler Newcomb's picture

Ok so should i work out a contract asking to be able to use the photos for my portfolio as well and still own the copyright? Thank you for your help

Chris Adval's picture

If they know laws or ask around on legal advice they will decline or ask for a payment.

Tyler Newcomb's picture

I realize that, but I am pretty sure that the marketing director (who I know well) is OK with me owning the copyright, but I do want to ask to make sure.

Rob Mynard's picture

I think they'll probably be fine to let you use them in your portfolio (buy they might want you to credit them) but I know if i owned a business and was getting images done for my advertising I would want copyright control so I knew that the photographer wasn't going to do something with the images that could effect my business.

Tyler Newcomb's picture

Thanks, I'm going to Have a meeting about it soon.

Tyler Newcomb's picture

I talked to the marketing director today. She said that i could do whatever i wanted with my photos, even if they were created on the gyms time. So I will own the copyright, get photo credit, and be able to sell and use my photos for my portfolio. So the only thing they ask is that i provide them with "any photos that would work" she said that she "trusts my creativity and judgement"

Rob Mynard's picture

Thats awesome, but still get it it writing, there are plenty of model/location release forms online for free so they don't come back at you later if one of your photos starts making money.

Tyler Newcomb's picture

OK, I am working on a contract right now with the gym. Thank you for all your advice!