Band wants to use pics outside of social media. Photo rights?

[ilzho]

Hello I shot a national band and they would like to use some of the pics.
Here is their comment.
"To confirm, ### has permission to post any of your photos of the ### website and on social media. If we would like to use outside social media, (publicity, promotion), what rights are granted?"

So my question is do photographers charge a set fee per pic outside of social media??
I'm happy if they post my pics on social media, my watermark is on it.
But outside social media, I am assuming it maybe in print.
Print is different the me than social media.
But then again, I have never been down this road before.

Just want to know what other people have done.

Thanks.

David

[Waddizzle]

I'm no professional, but I would think that you would want to maintain excluse control over distribution, and not delegate distribution rights to a third party.

[RobertTheFat]

---

@Waddizzle wrote:

I'm no professional, but I would think that you would want to maintain excluse control over distribution, and not delegate distribution rights to a third party.

---

I think that's a sensible observation in the general case. But given that the pictures are of one band, and it's that band who wants to use them, it might be more lucrative, and a lot less trouble, to sell them distribution rights.

Bottom line for the OP: If you're going to be doing this sort of thing often enough to have it matter, talk to a lawyer.

[ilzho]

I found this online and thought I would post it.

Things to remember about copyright:

• Copyright is a property right.
• Just because you buy a print does not mean you have purchased the copyright.
• Professional photographers are the smallest of small copyright holders.
• Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation.
• Photographers have the exclusive right to reproduce their photographs (right to control the making of copies).
• Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display (no putting them online), or create derivative works from photographs.
• A photographer can easily create over 20,000 separate pieces of intellectual property annually.
• Professional photographers are dependent on their ability to control the reproduction of the photographs they create.
• It affects their income and the livelihood of their families.
• Even small levels of infringement—copying a photo without permission—can have a devastating impact on a photographer’s ability to make a living.
• Copyright infringements—reproducing photos without permission—can result in civil and criminal penalties.

[ebiggs1]

A couple of things.  First there is transferring a copyright and there is licencing.  It sounds like you want to license the band to use your stuff.  This is specific and is spelled out in the licencing agreement. 

You can sell or transfer your copyright; you can still retain all rights.

As to how much to charge?  That my friend is what ever the market will bare.  Some photos are worth a penny and some are worth thousands.  Yours probably fall somewhere in between. But who knows?

[RobertTheFat]

---

@ilzho wrote:

I found this online and thought I would post it.

Things to remember about copyright:

• Copyright is a property right.
• Just because you buy a print does not mean you have purchased the copyright.
• Professional photographers are the smallest of small copyright holders.
• Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation.
• Photographers have the exclusive right to reproduce their photographs (right to control the making of copies).
• Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display (no putting them online), or create derivative works from photographs.
• A photographer can easily create over 20,000 separate pieces of intellectual property annually.
• Professional photographers are dependent on their ability to control the reproduction of the photographs they create.
• It affects their income and the livelihood of their families.
• Even small levels of infringement—copying a photo without permission—can have a devastating impact on a photographer’s ability to make a living.
• Copyright infringements—reproducing photos without permission—can result in civil and criminal penalties.

---

That's a political screed, not an explanation of copyright law. Look for a site that actually cites applicable laws, and read it carefully. Then if you're still unsure, or maybe even if you're not, talk to a lawyer.