# Giving copyright release to clients



## AmberNikol

Just wondering what everyone's thoughts are on giving out the copyright release for your images.

I was approached to do a 1st Birthday Event and a Smash cake session beforehand. The client would like the copyright release so that she can use them for her own guestbook(she's very crafty person) I've been going back and forth on what I should charge her. Normally, I only give copyright releases for weddings and that's usually a $250.00 fee on top of the fee for the wedding itself. I'm still in the stages of getting my business off the ground so I can charge a little less for things. I was wondering what everyone thought if I did the smash cake session for $50, includes 10 copyright release images and $250.00 for the 1st Birthday Event with 200 copyright released images. a $300.00 charge total. Would you consider that a fair price? For the fact that I'm not well known yet. Also mention that she is going all out on this event and is having it at a winery. About 40 people or so. She wants a photobooth  for guests to get their picture taken and all pictures of general event.  What are your thoughts?


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## tirediron

I wouldn't sell a copyright for $2500, never mind $250.  What you want to give them is a rights/usage release that spells out exactly what they are allowed to do.  If you give them a copyright, they can do ANYTHING they want (almost) with the images.   

As far as what is a fair price for you, there are really too many unknowns.  I don't know where you are (other than generally), I don't know what the market is like there, I don't know what your skill level is, I don't know how much experience you've had, but to be blunt, the prices you are listing scream "Craig's List".

I'm sure KmH will be along shortly; he's a wealth of information on US copyright.


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## unpopular

You're going to piss off a lot of the 'old men's club' but flexible licensure is becoming more popular among younger startups as the market demands it. IMO, having some flexibility is one way which young talent is able to compete with the propho establishment.

I would however be weary of how you release a copyright, and a full transfer will potentially leave you with no rights at all. My advice to you is have your attorney draft a end use license that is appropriate to your needs. While I believe that "good 'ol days" of ripping off customers for reprints are over, photographers should still retain rights to use photographs they make.

Just to note. When I was doing advertising I always worked "for hire". The copyright was technically transfered to them, with a written property transfer agreement, once the final product was delivered but I retained also some usage rights for promotional purposes.


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## Overread

The market might demand it, but remember most people demanding it haven't got a clue what it "really" means nor how to work with image files to get anything meaningful out of them. They just know they can demand it and some photographers will roll over and give it out. 

First up remember if you give them copyright that is all your prints profits gone. 
Secondly if you give it to them you can fully expect your name and your photography company to be associated with whatever prints or resizes (with snazzy filters) they put out on their desks or up on facebook. In short you run the risk of releasing to the client the ability to damage your reputation based on the quality of the product you produce (remember if the prints fail its not the clients fault they don't know how to print its the photographers fault).

You can certainly price your setup to take far more up front for the sitting fee and then give print ready copies with a print licence to the clients. You could even throw in some websized versions for facebook. Downside is it increases your charging fee and means that you don't have a chance to pitch a sale of prints after the event. 
Also if you give them print ready photos you'll have to give them print advice (if its normal practice you can put a read me file into the photo folder on the disk) you can also pass on the names of reputable labs which you've colour and aspect pre-pared the photos for.


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## AmberNikol

That's really great advice Overrad. Thank you fo that. It's good to get another person's opition because I really didn't even think of it like you did. So thank you.


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## KmH

This is what a retail photography use license (print release) is like:



> *Print Release - Use License**
> *
> All images © 2012 {name or studio here}, All Rights Reserved. This Use License shall be governed by the laws of the State of _________.
> 
> I, [name or studio here], as copyright owner of these images, grant a lifetime, personal, non-commercial use license to____________________and their immediate family, to print or have printed (no larger than (whatever size, if any)) reproductions of these images for display in their home and workplace only.
> 
> *Online Use
> 
> *{name or studio here} has provided web sized and watermarked images for exclusive use on social networking web sites that are not owned by____________________ and their immediate family. No other online use is granted. Removal of the watermark from these web sized images, or any other violation of any of the other terms, will constitute a breach of this entire Print Release &#8211; Use License, rendering it null and void in its entirety.
> 
> *Copyright Information
> 
> *Please remember that because these images are protected by United States Federal Copyright laws they may not be altered, copied, transmitted or used in any way not stipulated above without prior written consent of the copyright owner, {name or studio here}.
> These images may not be entered in any photography or other competition or contest without the expressed written consent of [name or studio here]. Commercial use of the images is prohibited.
> No waiver by either party of any of the terms or conditions of this license shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers are only applicable when they are written. There will be no verbal waivers to this agreement.
> 
> The Photographer hereby warrants that he (or she) is the sole creator of these images and owns all rights granted by law.
> 
> [Name or studio here]
> Address:
> City, State:
> Phone:
> Email:
> Authorized Signature:


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## AmberNikol

ooh thanks Keith! I was looking online for something like that, thank you!


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## KmH

You cannot use the term 'copyright release' because legally it implies you are giving away your copyrights.

Copyright is actually a bundle of _*exclusive*_ rights, making copyright potentially _*very*_ valuable. Because of copyrights potential value the US federal government grants copyright to the creator of intellectual property (like photographs) for the life of the creator, *plus 70 years*, so the copyright owner can pass the benefits of their copyright on to their heirs.

www.copyright.gov


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## IByte

KmH said:
			
		

> This is what a retail photography use license (print release) is like:



Lol where did you find that nice lil tin bit


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## Tee

If you give them the copyright, you might as well hand over your RAW files, too.  If they're looking to post on FB then a usage release is all they need.  It doesn't matter if you're new, $250 for copyright is highway robbery. You realize they can take your images, run them through whatever the latest Picnik program there is and there's nothing you can do about it?


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## davisphotos

Almost anyone that asks if they get copyright has no idea what they are talking about, they probably heard they should ask for it in some online forum somewhere. What they really want is rights to print the photos and share them online. I include that kind of release with most of my wedding shoots, but I never, ever release copyright. I retain ownership, and get a model release from all my clients. If I didn't do that, I would be SOL for using any of those images in my portfolio.


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## unpopular

Another option is joint ownership. But that is prob. not appropriate except for certain commercial clients.


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## KmH

IByte said:


> KmH said:
> 
> 
> 
> 
> This is what a retail photography use license (print release) is like:
> 
> 
> 
> 
> Lol where did you find that nice lil tin bit
Click to expand...

It has evolved over a period of about 10 years. 

Since it is for retail customers, it is far simpler than a commercial use license.


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## KmH

A commercial use license is more like a rental agreement than a print release is, since commercial usage is usually for a very much shorter, specific time period.

I don't often write commercial use licenses for longer than 12 months, but I will indicate to a client in writing approximately how much subsequent years of use will cost, so they can more effectively budget for the extra time.


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## unpopular

Seems like a costly headache to enforce. But my professional background is a little bit different, and I really need to remember that.

Still, handing over a copyright is never a good idea.


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## jowensphoto

Had this same situation come up: lady wanted a disc and copyrights. She only wanted to print, but thought that she needed copyrights rather than just a print release. 

It doesn't matter if the shoot is free or $10,000... I'd never give away copyrights.


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## sjhuse

Where can I get permission to use this for my own use.   I don't want to infringe on someone else's work but would like to have permission to use/modify this print release.


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## KmH

You have my permission to use it.



> *Print Release - Use License**
> *
> All images © 2012 {name or studio here}, All Rights Reserved. This Use License shall be governed by the laws of the State of _________.
> 
> I, [name or studio here], as copyright owner of these images, grant a lifetime, personal, non-commercial use license to____________________and their immediate family, to print or have printed (no larger than (whatever size, if any)) reproductions of these images for display in their home and workplace only.
> 
> *Online Use
> 
> *{name or studio here} has provided web sized and watermarked images for exclusive use on social networking web sites that are not owned by____________________ and their immediate family. No other online use is granted. Removal of the watermark from these web sized images, or any other violation of any of the other terms, will constitute a breach of this entire Print Release &#8211; Use License, rendering it null and void in its entirety.
> 
> *Copyright Information
> 
> *Please remember that because these images are protected by United States Federal Copyright laws they may not be altered, copied, transmitted or used in any way not stipulated above without prior written consent of the copyright owner, {name or studio here}.
> These images may not be entered in any photography or other competition or contest without the expressed written consent of [name or studio here]. Commercial use of the images is prohibited.
> No waiver by either party of any of the terms or conditions of this license shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers are only applicable when they are written. There will be no verbal waivers to this agreement.
> 
> The Photographer hereby warrants that he (or she) is the sole creator of these images and owns all rights granted by law.
> 
> [Name or studio here]
> Address:
> City, State:
> Phone:
> Email:
> Authorized Signature:


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## sjhuse

Thank you.


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## Moe Blackman

I am looking to hire a professional wedding photographer for July 25th 2015 in Long Island NY.  My main concern is to own the photo's and receive a full copyright release.  If anyone knows of a professional photographer who will offer this service please reach out to me at MichaelBlackmanDC@gmail.com.


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## Overread

Out of interest why do you need to own the copyright?


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## curtyoungblood

What exactly is it that you want to do and get out of your wedding photos, and what do you mean when you say you want to own the photos and receive full copyright release?'

If you mean that you want to own the copyright, that means that the photographer no longer has any rights to the pictures, and couldn't then sell you prints or use the images in his or her portfolio. The only person who could ever do anything with the images is you. If you can find someone to do this, I would expect to pay 2x-3x the normal price.

If you mean want to have a digital copy of the photos that you can put wherever you want, and are allowed to print from, then it should be relatively easy. Just find a photographer who offers a cd, call them, and find out if you'll get what you expect or not.


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## KmH

Moe Blackman said:


> I am looking to hire a professional wedding photographer for July 25th 2015 in Long Island NY.  My main concern is to own the photo's and receive a full copyright release.  If anyone knows of a professional photographer who will offer this service please reach out to me at MichaelBlackmanDC@gmail.com.


Included in my pricing was a discount for use of any photographs I made for self-promotion and advertising.
That was codified in my contract as part of the model release clause.

Customers could opt out of the model release if they didn't want their likeness used for my self-promotion/advertising, but that also mean't forgoing the discount and paying a higher price.

Ultimately, copyright is the only thing of value a working photographer produces and here in the US that value (copyright) is good for the life of the photographer +70 years.
So asking for the copyright instead of a use license/print release is asking for a lot, and a smart photographer charges accordingly, if the photographer is even willing to sell their copyright.

In other words, I hope you have *lots* of money, or can find a not-to-business savvy professional photographer.
But as it is today, there are lots of (cough!) professional photographers out there that have little business savvy or photography skill.


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## tirediron

Meh... I'll be happy to take that on.  All I will need is air-fare (min. business class), hotel, meal & rental car budget, one full day on each side of the event and $500/image w/ copyright signed over to you (on top of my regular wedding fee of course).


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## Gary A.

Other than the potential damage brought up by Overread ... if you were fairly compensated for your time, heck ... give them the RAWs ... what do you care? If you weren't fairly compensated then give them the RAWs at a price which would equate to you being fairly compensated for your time. I really don't understand what the big deal is all about ... and why ... if you are under commission to shoot something for someone else ... why would you care about copyright? (Unless you have a marketable name, in which case you wouldn't be asking this question.)

I just don't get it?


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