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Re: SPORRS: copyright

At the top of the last post, the author of the original message asked "who
owns the rights to a photograph once it is sold (the original
slide/negative)?"

And my reply was in reference to just that: to selling the actual photo or
slide.  It wasn't his question, but I usually do NOT sell my slides and
photographs; I usually sell USAGE RIGHTS to them instead, where I keep the
film and the copyright.  That is the same thing that you do when you send a
slide into a RR publication and they publish it, send your actual slide
back to you and pay you for it.  They are paying you for the USAGE RIGHTS
then, not the actual slide.  It is of course up to you to negotiate a usage
fee suitable to you, or to accept their standard published editorial rates.
 If you send them unsolicited material without a contract, you will be paid
their standard rates.  Keep in mind that without a contract, that they can
also use your image again in their own ads to promote and sell their own
magazine without paying you any additional fees, including on their web
sites and CD ROM offerings (electronic media rights) if you didn't spell
out that they couldn't, and they don't mention it.  They are buying ALL
publication rights if neither of you specify otherwise.  But since they are
sending you back your actual slide, they are NOT buying your actual image
(just publication rights), and you retain the copyright to your image,
because you still own it.

Dave Cohen
Photographer, Member ASMP
Action Photographic Webmaster
[EMAIL PROTECTED]
http://www.anet-stl.com/acphotog/home/

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-> SPORRS: 'Serious Photographers Of Railroad Related Subjects'
-> Web Site: http://www.anet-stl.com/acphotog/sporrs/
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