Understanding the rights and restrictions of photographers, especially in the 2,000's, is essential. Richard Weisgrau and Victor S. Perlman make it easy to understand the complicated realm of licensing and other legal matters, such as privacy, contracts, and more. Their book, Licensing Photography, from Allworth Press takes you through a myriad of topics in plain English. With praise from the U.S. Register of Copyrights, and other in-the-know individuals, you can have faith that the authors of this book know their subject matter. Protect your work, protect yourself, and protect your livelihood with Licensing Photography.
Table of Contents
Chapter 1: Licensing Concept and Reality
What is a License?
The Licensing Concept
The Licensing Reality
It's About Money
A Photograph's Usage Value
Chapter 2: Understanding Copyright
What is a Copyright?
What Does a Copyright Really Protect?
What Does it Take to be Copyrighted?
Who Owns the Copyrights?
How Long Do Copyrights Last?
What if Somebody Uses Your Photographs Without Your Permission?
Why, When, and How Do You Register Your Copyrights?
When is an Infringement Not an Infringement?
How Can You Make Money Out of Your Copyrights?
Chapter 3: Making Sure You Can License What You Shoot
Can You Shoot it in the First Place?
Rights of Privacy
Rights of Publicity
Defamation, False Light, and Obscenity
Copyrighted Works and Objects
Trademarks and Logos
Buildings, Skylines, and Trees
Representations, Warranties, and Indemnifications
Twenty-first Century Concerns
Simplified Adult Release
Chapter 4: Effective Licensing Agreements
Get It in Writing
When Do Contracts Exist?
A Note About Digital Media
Terms and Conditions
Independent Contractor Agreement
Schedule of Fees And Expenses
Pre-Delivery Confirmation Facsimile
Pre-Delivery Confirmation E-Mail
Assignment Photography Delivery Memo
Stock Photography Delivery Memo
Stock Photography Invoice
Chapter 5: Licensing in the Digital Age
Photography Processing Software
Pricing and Licensing Software
Stock Agencies Online
Fear of Digital
Preying on Fear
Photography Business Software
Office Software Suites
Tracking Licenses and Uses
Chapter 6: Pricing Licenses
Stock Means Residuals
Stock Pricing Components
Find the Exceptions
Value versus Price
Exclusive or Non-Exclusive
Stock Price List or Pricing System?
Developing a Pricing System
Determining a Base Price and Factors
The 1909 Copyright Law
Evolution of Assignment Pricing
Characteristics of Assignment-Photography Market Segments Rights and Market Segments
Usage and Value
Market-Segment Pricing Relationships
Pricing Reuse of Assignment Images
The Final Step
Chapter 7: Negotiating Licenses
The Aspects of Negotiation
The Psychological Aspect
Psychology of Power
Risk and Fear
All Rights and Buy Outs
Negotiating Stock-Photography License Fees
Exceptions to the Rule
Sell the Image
The Bottom Line