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Todd Novak wrote: > A question I have is who owns the rights to a photograph once it is sold > (the original slide/negative)? The rights and the actual photograph are two different things, but you can sell both together with one simple receipt. You can sell your actual photograph (slide) and keep the rights to use it yourself if you write a contract that way, and you can sell the photo outright and TRANSER your copyright to the new owner (transfer happens automatically when you sell them the physical film), in which case you no longer own the physical photo or the image from it at all, and you cannot use it for anything again, because it is no longer yours: you sold it (also known as an outright buyout or work-for-hire). And without a receipt (or copyright registration), ownership of the image is then questionable, but it usually (nearly always) falls with the one in possession of the photograph. If you sell someone a photograph outright, then they have every right to ask you for a receipt so that you cannot come back and claim it is still your photo after they bought it from you. Now you can see that a simple receipt can save lots of aggravation and misunderstanding (and legalities) later. And there are variations: You can sell an actual physical photo or slide to someone with CONDITIONS OF USAGE. Such as the right to still use the image yourself, or a restriction on how they can use the photograph that you just sold them. Such as a wall hanging (art print) where you specify that they can only display it in their home or office, and not in a public gallery or copy it and sell those copies of it for a profit (or otherwise). Contracts are important when you sell images. If you don't write and transfer one, then you just simply sold the image (like a slide), and it is gone and that is the end of it. Then it is no longer yours, just like if it never was. And without a contract, it is your word against the buyer if an ownership dispute comes up in the future. You may have to do more than prove that you shot it then. You will have to prove that you still own the image in the buyer's possession. Without a registered copyright, good luck. > I have discussed this question with many > people and have gotten various answers. Well, it's important to get the correct answers and know the laws and the facts with this matter because guessing can cause you many hidden headaches and expenses (and maybe fines and prosecution) later. > If someone sells a slide for > $1.00/slide or $100/slide, does the buyer then get the rights to this > particular photograph? Yes, he gets the whole image and all of the rights unless you specify otherwise in writing. The $ amount has no effect on the usage, and it is negotiated separately. If you sell the photo and all of the rights, then it is no longer your image. Period. Any of you guys that have sold slides: those images are no longer yours, and you have no claim to them, even if you see them again, unless you buy them back from who currently owns them. You say you have dupes or motor drive shots a fraction of a second apart that look identical? Without a contract, if one or both are published, you can have a situation. That is why it is best to limit publication rights on slides that you sell, and to notify the buyer at the time of purchase that they are buying a copy that you still own the rights for. It gets complicated if you don't put it in writing. I simple Xerox will suffice. > I understand that credit is always given to the > photographer, You don't have to give credit to the photographer if you bought the image from them with all of the rights. It's your image then. You can even lie and say that you shot it then, and the photographer can't be awarded any judgment from you, even though you would be ethically sleazy at that point. > I was just wondering if the person who purchases a slide or > negative can freely use it in a book, magazine, for duplication, printing, > etc? Yes, as long as you also bought all of the rights with it (complete copyright transfer). > I have seen a lot of things in print that have a credit such as > this...."John Doe photograph, Smith collection." I would assume this means > that the owner, not the photographer, has submitted the photograph for > publication. Correct. The owner may be acknowledging the photographer for several reasons though, one of which may be simply for respect and proper credit for creating the image, but it could also mean that the photographer sold the image with the stipulation that they are credited for it if it is published. If you would like to learn more about copyright than I can tell you, please go to the Copyright Office web site, or contact an organization like the American Society of Media Photographers (ASMP) for more information on photographer's rights. US Library of Congress Copyright Office web site: http://www.loc.gov/copyright ASMP National: http://www.asmp.org ASMP St. Louis: (shameless plug for one of my web sites) http://www.asmpstlouis.org Dave Cohen Photographer, Member ASMP Action Photographic Webmaster [EMAIL PROTECTED] http://www.anet-stl.com/acphotog/home/ ======================================================= -> SPORRS: 'Serious Photographers Of Railroad Related Subjects' -> Web Site: http://www.anet-stl.com/acphotog/sporrs/ -> Message © 1998 SPORRS® - All Rights Reserved =======================================================
