owning the rights?

[Annie]

so say you do a shoot for someone. can they use the shots they buy for whatever they want, but you maintain ownership of the rights to them?

I have worked for companies that purchased stock photos which had been used elsewhere (and i've actually seen them used elsewhere) and know that an image can be used repeatedly once purchased. I'm just not sure how it works in a freelance situation.

i'm sorry it this question sounds stupid -- i'm very new at all of this.

thanks!

[JSPhoto]

First off it depends on what country your in. Second is there anything in writing stating how many uses or length of time limiting their uses? Most stock agencies have limits on how many uses and where the image can be used (at least the reputable agencies do).
You really need to get on top of this if your images are being used without your permission.
Even when I shot for the AP they had rights to use the photos for a period of 2 years from first publication, then everything reverts back to me. (hmmm, one of those expires today!).

JS

[ken1953]

Hi Annie, Copyright law is very specific and it would behoove you to read up on it. They cover just about every aspect you could imagine. Much of it depends on whether or not you are an employee or freelance and eventually comes down to contracts if you're freelance. If you're freelance, you need to ensure that usage is properly defined "prior" to you accepting a job.
Basically, unless you are considered an "employee", all rights are yours to do with as you please. So you need to define your parameters, carefully. And it might be best if you consulted an arts lawyer to help you draft your contracts.
Finally, pay attention to some of the posts in the "Photo Business and Law" forum. There is some good advice there.
Hope this helps a little.
Ken

[another view]

know that an image can be used repeatedly once purchased.

I'm guessing this is "royalty free" stock. You can buy a CD full of images of bald eagles, sunsets or paperclips and do just about anything you want with them - as often as you want. It probably varies somewhat in a case-by-case basis, but basically you can't copy the CD and sell it for your own profit or sell prints from it. Other than that, it's a free-for-all.

Royalty free is great for users of stock photography, because it's cheap. But guess who doesn't make any money on it... When it first came out, the images you could get were the ones that real stock agencies didn't want. Now, some of the images are pretty nice...

Other stock photography (more traditional agreements) don't work like this. The price is based on usage, usually for one-time use at a specific print size, so many copies, etc.

[Ronnoco]

Hi Annie, Copyright law is very specific and it would behoove you to read up on it. They cover just about every aspect you could imagine. Much of it depends on whether or not you are an employee or freelance and eventually comes down to contracts if you're freelance. If you're freelance, you need to ensure that usage is properly defined "prior" to you accepting a job.
Hope this helps a little.
Ken

If you are freelance, then generally you retain rights to your work, but some freelancers spell out in a contract that they retain ownership and all rights as well to photos taken but not used in the assignment.

Whether you are employee or not, really depends on whether you are paid to produced copyrightable work. If so, then the employer may own the rights. If not then you still own the rights whether you are an employee or not.

Ronnoco

[Sebastian]

The phrase to watch out for is "work for hire." By default, if you work freelance the images are entirely yours to do with as you please. However, if the agreement is a work for hire or if it specifically spells out any transfer of rights, then you should avoid it. Work for hire automatically voids any rights you may have to the images and transfer them to your employer.

Now that's different from embargoes. For example, some contracts stipulate that you can not do anything with the images once your done with the assignment for a set time period from the date of the assignment. This has nothing to do with rights, this just protects the place that gave you the assignment from you turning around and selling the images to everyone that will want to buy them. This makes it that they have the images that they paid you to get and not their competition.