Senior Portraits: Copyrights

[Rodger]

Hello,


I have a quick question on copyrights and selling images.


Background:<span style="font-weight: normal;"]I've shot a handful of senior portraits this year and want to offer a deal where the client can buy a CD of his or her images at full resolution and copyright free. My thought is the client gets: all of his or her images backed up on a CD, the ability to take the disc to a local printing place and have the images printed.


Question: If the images on the disc are free of my watermark, are they "copyright free"? I process with Adobe LightRoom 2 and there is a "Copyright Status" drop-down box under the metadata options. I have that filled out as "copyrighted". There is also a "copyright" box in which I have entered "rodgerobley". Will a local Ritz, Sams Club, Wal-mart etc, detect that copyright from LR2 and not allow my client to print the images?


*I ask because I had my watermark on some images I got printed awhile back and when my mom tried to pick them up, the man wouldn't let her. He needed my signature to release the prints. I would hate for my clients to run into the same situation! haha.


Thanks as always,


-Rodger

[wickerprints]

Well, if there's no watermark but it looks like a professional photo, they still may refuse to print it, operating under the assumption that the photographer owns the copyright and not the client. Copyright is automatic--it does not need to be explicitly stated with a watermark or EXIF metadata. The most obvious thing to do would be to include a signed letter (in physical and electronic formats) with the disc, stating that you permit the holder of the disc to reproduce the images for personal use. In the letter, provide your contact information in case there are doubts.


You can explicitly grant a non-exclusive copyright to your client. This would still permit you to use the photos in your portfolio, for example. I do not recommend releasing it into the public domain--this would mean *anyone* can use the photo, which may not be desirable from your client's perspective.

[neuroanatomist]

Speaking from a consumer point of view, great idea - when I have family portraits done, I specifically choose photographers that offer this as an option.


I have not had any issues getting those images printed, either at a local store or through Mpix. The photographers have generally provided a letter as wickerprints suggests, but it's been unnecessary. In particular, at most brick-and-mortar stores that offer photo printing, digital images are transferred to a kiosk (Kodak, etc.), and the customer taps a button to affirm that no copyrighted images are being printed - the kiosk doesn't actually check the images, the agreement basically absolves the store of responsibility.

[Rodger]

I think I will include a letter just to cover my bases. I got the CD idea from working at a studio inside of Target haha!


Thanks wickerprints and neuroanatomist!


neuroanatomist, one more question if you don't mind me asking. Roughly how much do the discs typically cost? I was thinking about $50-60 for the rights to 30-40 images. (I don't want to price too high as this is my first year of senior portraits).


Thanks again for your help!


-Rodger

[neuroanatomist]

Generally $150-300, and usually from 100-150 images. These are experienced pros with good portfolios. Some photographers also sell individual digital images for ~$25 each. $50-60 would be a bargain, but might be appropriate for the clients in your situation. Consider that an 8x10" print from mpix costs $2, factor in what you'd charge for prints and how many prints you typically sell to a client, and set your price for digital images accordingly.

[clemmb]

I charge $250 for a CD with the original files. I include a letter giving them the rights to the images on the CD.


Mark

[peety3]

Background:<span style="font-weight: normal;"]I've shot a handful of senior portraits this year and want to offer a deal where the client can buy a CD of his or her images at full resolution and copyright free. My thought is the client gets: all of his or her images backed up on a CD, the ability to take the disc to a local printing place and have the images printed.


Question: If the images on the disc are free of my watermark, are they "copyright free"? I process with Adobe LightRoom 2 and there is a "Copyright Status" drop-down box under the metadata options. I have that filled out as "copyrighted". There is also a "copyright" box in which I have entered "rodgerobley". Will a local Ritz, Sams Club, Wal-mart etc, detect that copyright from LR2 and not allow my client to print the images?

As others have mentioned, stores won't prevent printing if they find copyright information embedded in the file(s). They'll ask the user to absolve away the liability, and could interfere if they chose.


I would, personally, recommend that you offer the images on CD, with copyright retained but a "right of personal use in any form" granted. Especially if you're going to launch with low prices, don't make that entrance without an ability to make up the difference in price later if the opportunity should arise. Folks want to do their own printing, and they want to put the good images on their social networking pages. But, rather than letting them use the pictures in a for-profit venture at your loss, give yourself an option to re-license those shots for an additional fee if they should ever want to use them commercially.


I've also heard of a great suggestion: write up the copyrights/right-to-use document, sign it, scan it, and include it on the CD. If they take the CD to a store, everything relevant is on the CD, and if it has your label on it then it has a better aura of authenticity.

[Rodger]

Thank you all for your responses and suggestions. I'm thinking something like a $60 disc would do well for me.

I would, personally, recommend that you offer the images on CD, with copyright retained but a "right of personal use in any form" granted.

Peety3, I really like your idea. I will most likely end up doing that.

But, rather than letting them use the pictures in a for-profit venture at your loss, give yourself an option to re-license those shots for an additional fee if they should ever want to use them commercially.

I'm not too worried about this, but to clear things up for my sake: they would have to pay me a set price if they ever wanted to sell the images for their own profit? (I'm good friends with all of my "clients" so far, so again, I'm not too worried about that ).

I've also heard of a great suggestion: write up the copyrights/right-to-use document, sign it, scan it, and include it on the CD. If they take the CD to a store, everything relevant is on the CD, and if it has your label on it then it has a better aura of authenticity.

Again, excellent suggestion.


Thank you all again! Haha to everyone on TDP that has helped me get through my first senior portrait season, from buying gear to selling images, THANK YOU!


(Thought I'd tack that on to this thread rather than create a separate "Thank you" thread).


-Rodger

[peety3]

But, rather than letting them use the pictures in a for-profit venture at your loss, give yourself an option to re-license those shots for an additional fee if they should ever want to use them commercially.

I'm not too worried about this, but to clear things up for my sake: they would have to pay me a set price if they ever wanted to sell the images for their own profit? (I'm good friends with all of my "clients" so far, so again, I'm not too worried about that ).

They aren't licensed to use those images for commercial use. If they should ever want to use the images commercially, you get to negotiate the rate for that commercial use. If I were you, I'd negotiate a price based on the particular use/terms they were seeking, but still maintain copyright on the images and have the right to negotiate another price on a future commercial use.


In general, my advice is "don't give up your rights (to future revenues)". I was once asked for images for a fire equipment case study. They'd pay $60-75 per image chosen, but they wanted copyright and exclusivity for perhaps a year. I said no; I saw little value in selling it again so soon, but didn't want to lose that ability.