Selling photos with a story question

[susaan]

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.)

[brmill26]

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.

[susaan]

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.

[Ron Kruger]

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.

[susaan]

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 !