copyright

[FishMan473]

I am donating some photos for plant field guide being developed by a research institute at my university. I'm just an amateur, so I don't mind just donating photos to a good cause, but I would like to maintain my rights to the images I send them. Anyone know where I can find out more info about this?

[another view]

To answer your question, check the Library of Congress website. It'll keep you busy for a long time... There have been several books written about copyright issues, I don't have any of them so can't recommend a specific one - but check all the usual book stores for some ideas. In my own limited experience, you wouldn't lose your rights to the images unless you signed them away.

This may or may not start a debate about whether you should be paid, and there are good arguements on both sides of the issue. If they're good enough to be published, then they should be worth something. If you don't get paid, then that lowers the value of photography in general because if everyone donated their work there wouldn't be professional photographers anymore.

However, some situations just do not have the budget. They'll either take their own shots (probably not very good) or just not use photos (difficult in a plant guide!). This publication can be a good portfolio piece for you, just ask them for half a dozen copies or so.

I learned the hard way. Free work doesn't get you anywhere - but on the other hand, I do this part time. When I do book a paying job then it really just offsets the cost of the hobby. Enough rambling...;)

[Lemming51]

More specifically, http://www.copyright.gov/

I'm not a copyright expert, but I think you'd be protected if you simply granted the research institute limited use (limited to the one-time production of the brochure) for a nominal fee (~$1) and made sure they included the "© 2005 FishMan473" on/underneath each of your photos.

[Sebastian]

You retina the copyright and all associated right UNLESS you specify in writing that you are giving it up. So giving them the images doesn't automagically transfer the copyright. HOWEVER, without specific written language as to how and where and for how long they can use them, you are asking for trouble. Make sure they understand how they are allowed to use the images so they don't start giving them to Time magazine or some other outlet without you getting your due compensation. These images are worth something if they are getting published. Ask for something in return, and GET EVERYTHING IN WRITING. Images, especially once they are digitized, are very easy to move and copy. The only way you can protect them (they are your property) is to spell everything out in writing. And if they misuse the images and you want to sue, you can't ask for the offending party to pay legal fees UNLESS the images are actually sent in and registered with the copyright office. Damages are usually very small (few thousand) compared to the hundreds of thousands it costs to take a copyright case to court, and therefore no lawyer will take on a copyright case unless the images are registered. The lawyers won't get any money if they're not registered.

I'm just touching on the specifics of it. Basically, write up a license that specifies where, for how long and in what ways they can use the images, make sure they understand and sign it, and try to get something in return.