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Releasing Copyrights to Clients I currently have a client that is requesting a CD of their wedding images. I am wanting some advice on a "copyright release" form. Something basically stating that I am only releasing the copyrights to the couple and only to make prints. Any help!?!?! Thanks in advance!
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Mark Feldstein |
Welllllllllllllll, it's not really a copyright issue right? It sounds more like a contract question in terms of what you're giving them and allowing them to do. Soooooooo, it sounds like you just need a photographic delivery memorandum with a co-extensive usage agreement on the copyright issue. That allows you to retain your own copyright (btw, I strongly recommend you register the work) and share the usage with the presumably happy client couple you shot these for. Yes? ASMP.org offers professional practice books with various forms. There are others available at BN.com. Most come with a CD allowing you to customize your own forms for stock, memorandum delivery invoices, shoot contracts, etc. Alternatively, you could buy some time from a copyright lawyer, preferably one who is a member of the bar in the state you live in. But like I said, this is really a contract issue. Carolyn Wright in Georgia does copyright work and charges the miniscule sum of $250 bucks an hour. I recommend the forms book and/or talking to a local lawyer there to help you refine your forms if necessary. Take it light ;>)
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Mark Feldstein |
By the way Elaine. Once you release the images to a client, in all likelihood no one will ever order a print of that job from you again. That really tends to hurt profits doesn't it? Especially for wedding shooters. Just a thought. M.
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E R |
Well, Mark, it's funny you say that. This couple has been quite the "client from hell" and have only caused problems for me. I have actually dubbed them "the happy couple" (which is dripping with sarcasm). When they "hired" me I was (still am, really) in the beginning stages of starting my studio and quite bit less confident than I am now in what I am doing. Also, I must mention that we were coworkers (and friends). To make a long story short, the bride misunderstood what exactly I was offering. She mistook my offering proofs on a CD as a high-res CD. Since I am new and they were friends of mine, I decided that I would offer a CD (against my will) but at a price, which got cheaper as their print order total increased. Also, since hired I have switched to a new lab and increased my print prices from what I originally quoted to them. However, in my contract (which they signed) it states that they have a period of 2 months from the date of their wedding until they are subject to the currently published prices. But, again, since they were one of my first clients and friends I decided to give them a 2 week extension. Well, they continued to argue with me regarding "what we agreed" to concerning the high-res CD. They actually asked me to extend my deadline an additional 2 weeks before raising my prices. At this point, I decided to decline their request, but did offer to split the difference between my new and old prices. Well, they decided since "they couldn't meet price and time deadlines" they'd just order the CD. Which aggarvates me to no end as I'm sure you can imagine. But basically I just need a little advice on how to handle "releasing" my images to them.
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Ever see this cartoon called "The Three Little Bops"? Well, you said the price of the cd got lower as the print order got higher. So without the prints, seems the cd price should be something you find worthy to 1:pay for the services 2:Satisfy you to the point you get some compensation and not have to deal with them Something you can do, which you may feel guilty about, is put the images on the cd, but make them 4x6 at around 200ppi, and save at a low jpeg file setting. Higher res than normal web display, good enough to print 4x6, but if they try to interpolate to make bigger prints, they don't hold up so well from being saved at a small file size. It seems that allowing them to make prints is pretty much the extent of what they will do with them anyway. And money from prints is pretty much part 2 of a two part service when you do a wedding. You get paid to do it, and get paid to do the prints. So once you allow somebody to make prints, what else is there?
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E R |
I do not plan on offering a CD of files to other clients...EVER. I just don't like the idea of my work being out there for someone to possibly edit. If my name is attached to a photo I want to be 100% certain that I'm okay with how it looks and how it is presented. I offered this to this couple only because the bride misunderstood what I meant by "proof CD" and I don't feel that it is a good idea to piss off my first few clients. ;-) But, at this point, I just want to be done with this couple. As frustrated as this situation has made me, I try to see it was a learning experience.
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Mark Feldstein |
I think Greg is really right when he said "once you allow somebody to make prints, what else is there?" I'd tell them the deadline promotes closure so you can move on to other business and working with new customers. It seems to me that the main problem you've got Elaine, is whether you're going to let these folks jerk you around or whether you're just going to put your foot down and tell them "Sorry, that train has left the station. That was the deal, that was the time frame and it's now over." Tell them the newer fees are to absorb the increased costs of your time spent dealing with clients. The other choice is just give them a lower resolution CD and never talk to them again. At that point, tell them if they disclose you gave them a CD of their photos you'll deny it and tell people they stole the proofs from you because they were too cheap to pay for prints. LOL ! And then never, ever EVER geet into this scenario again.
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E R |
All good options, all of which I agree with. I also did offer a "web ready" CD to them (free with any album purchse or $150 w/o an album). However, when it comes to the high-res CD my hands are basically tied. I already gave in (stupidly) and offered a "high-res" CD to the couple to keep them happy and since there was a misunderstanding. Granted, it was also when they were going to order prints. I priced the CD (holding roughly 250 images) at $500 if the order was $100 or less and the CD price decreased as their order increased. Of course, now I wish I would've priced it higher. I believe the fact that I denied their request for an extra extension on their deadline is what caused them to just want to order the high res CD. Even though I did offer to split the difference between my prices. What I can't believe is how they do not see how generous I have been up until now. I think that a large problem is that they see me as a "friend" and amateur and not as a professional business. I don't think they understand that I must put policies into effect and stick with them if I want to be successful. You live and learn, right?
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Mark Feldstein |
Exactly. M.
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