Results 1 to 5 of 5
  1. #1
    Drive by shooter susaan's Avatar
    Join Date
    May 2008
    Location
    Jakarta,Indonesia
    Posts
    930

    Selling photos with a story question

    If I sell a photo with a story that I have written.and take sequential shots,with only slight differences in the frames,am I allowed to use the "other" frames I took,just as I would use a totally different shot ?
    For example,an essay about mothers and babies..I have 8 shots,all with slight changes,and would prefer to submit the second best shot,rather than the best,as will be giving up the rights to use the one I chose.
    ( I realize,giving 100% rights is not the best situation,but at the start,seems this is my only option.)

    " Got Soul, but I'm Not a Soldier "
    The Killers

    Make no judgments where you have no compassion
    Anne McCaffrey

    " If you wish to know what a man is, place him in authority.'
    Yugoslav Proverb

  2. #2
    Senior Member brmill26's Avatar
    Join Date
    Jan 2006
    Location
    Birmingham, Al
    Posts
    1,002

    Re: Selling photos with a story question

    Being forced to give up ALL rights simply for publication with a story is ridiculous. All they need is a limited right of reproduction in the book or magazine (or whatever media) in which the story and photo will be published. By giving them 100% rights, they will own the photo and may use it for advertising, sell it as art, posters, or whatever they want to do... and you would have absolutely no rights.

    Anyway, I can't offer much more because I'm only familiar with US Copyright law and a very small amount of the Berne Convention international treaty. Copryright laws vary drastically between different countries, so you'll have to check Indonesian law to find out what it says.

    In the United States, your idea would be fine because each photo, even if similar, is separately protected. So you could sell one photo and keep a similar one for yourself. But that may not be the law in your country.
    Brad

    Canon: Rebel XTi, 70-200 F/4L, 50mm F/1.8 II, Promaster 19-35mm F/3.5-4.5, Peleng 8mm fisheye
    Lighting: Canon 430 EXII, Quantaray PZ-1 DSZ, Sunpak 333D, D-8P triggers
    120 Film: Ricohflex Diacord TLR, Firstflex TLR, Zeiss Ikon Nettar 515/2 folder
    35mm Film: Nikon Nikkormat FT2, 35mm F/2.8, 50mm F/1.4, 135mm F/2.8

    My Blog
    http://www.redbubble.com/people/bradleymiller

  3. #3
    Drive by shooter susaan's Avatar
    Join Date
    May 2008
    Location
    Jakarta,Indonesia
    Posts
    930

    Re: Selling photos with a story question

    Thanks so much for replying,that was exactly what I needed to know.

    -As for the conditions,I realize they are not very wonderful..there is an upfront payment on acceptance,and an amount paid each time either or both are used by the company.
    -For me,at this stage,it is worth it,to hone writing skills,see what sells,and gives experience and an in.
    (The idea is,to go from here to stock photos and write a book,at some later date...this is a try out to see how it goes.)

    Also-
    The company in this instance is based in the US,.
    Indonesian law is easy on the issue of copyright-I have many problems entering contests,if there are people in my shots,as no releases are required to use street shots,etc,over here.

    " Got Soul, but I'm Not a Soldier "
    The Killers

    Make no judgments where you have no compassion
    Anne McCaffrey

    " If you wish to know what a man is, place him in authority.'
    Yugoslav Proverb

  4. #4
    Kentucky Wildlife
    Join Date
    Dec 2008
    Location
    Marion, KY
    Posts
    706

    Re: Selling photos with a story question

    It sure is great to have Brmill around here.
    What he told you is correct, of course, but the differences in images for copywrite is similar to the differences in patent protections. A slight difference on an old mouse trap can get you a patent, if you can prove the difference is there and significant enough. It is a legal judgement call and can be expensive to pursue or defend. So if you sell all rights to an image and then sell a similar image to another publication, you may find yourself faced with legal defense fees, which would be much higher than the image is worth in the first place.
    (Please jump in here with any corrections, if needed, Brmill.)
    Here's the way I look at your situation, with some wisdom of experience and hindsight: If your story and images are good enough to be accepted by a publication that demands all rights, it will be good enough for one that doesn't. Peddle it elsewhere--even if you must accept less money.
    I understand how you fell, but I am still haunted by selling all rights to words and pictures many years ago. It is a bad idea, I think.

  5. #5
    Drive by shooter susaan's Avatar
    Join Date
    May 2008
    Location
    Jakarta,Indonesia
    Posts
    930

    Re: Selling photos with a story question

    Ok,guys,
    -great advice,did some more research and found some sites that offer way better terms,let you set your own price,and pay royalties.
    I've tested out some starter sites,looks like my blogs would be quite readable,so from here I plan my own blog by the end of the year,while submitting to a reputable "Authors" site,carefully chosen by writer friends who have been published AND paid.
    Thanks again !

    " Got Soul, but I'm Not a Soldier "
    The Killers

    Make no judgments where you have no compassion
    Anne McCaffrey

    " If you wish to know what a man is, place him in authority.'
    Yugoslav Proverb

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •