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JohnL

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I have been approached about the use of some of my photographs in an upcoming publication, a book on wildflowers to be exact. I need some help on granting permission for use of my images so that my images are protected but I don't get overly involved in the legalese of the process. Any advice would be appreciated?

JohnL
 
One option might be to license “one time use only” for the specific publication in question. This means what it says, and you retain all other use rights to license as you see fit. In this kind of deal you may be asked for “first publication” rights, meaning the photo has not been published before and publisher has the right to publish it for the first time. The trap in first rights deals is that a publisher may sit on the picture for an extended period without publishing it (or never use it at all), so you will want a sunset provision to cover that contingency.

Another option is to simply sell “all rights” to the picture, and be done with it.

The assignment of limited use rights, such as “one time only” deals ordinarily means less money up front, but the possibility of (a) additional payment for subsequent printings or editions, or (b) sales to other publishers, etc.. One problem you will face in that case is making sure your residual rights are honored and protected, which may not be a cheap or easy task.

Selling all rights to the image should bring higher payment up front, because that is all you will get out of the deal. A possible hitch here is that you might run into conflict over later sales of similar images, especially if the one in question is not particularly singular or unusual.

Of course, variations on these two basic options also can/might be negotiated. And don’t overlook internet use, which exposes your image to all sorts of theft possibilities.

If there is real (substantial) money in play, or if you think the image is extraordinarily unusual (nd therefore valuable) or if expect to be dealing in photo images on a regular basis, you probably should consult a lawyer who specializes in intellectual property rights.

G.
 
A few other useful terms to possibly include are "non-exclusive" ( i.e., you can still do whatever else you want with the image), and any regional exclusions ( worldwide, North America, etc.)
 
Also decide whether the license should allow use of your images in "promotional materials" (posters, online ads) for the book, and watch out that you're not accidentally giving up rights to future editions, other media (interactive, online), translations, foreign editions, etc. Contract language usually includes a mention of "technologies not yet invented"...
Remember that copyright under Berne Convention law lasts just about forever, and it's hard to predict how many editions the book will go through. The publisher won't want to pay in advance for future editions that might not happen, but also won't want to worry about renegotiating the rights if future editions do happen.
Another question is, do you want to get paid up front, or on some kind of volume basis? All cash up front is a gamble about how much money the book will make; somebody's going to lose. On the other hand, keeping track of sales is a recipe for aggravation. Probably what you want is a combination of both.
 
I would hope that the book publisher has given you a form to sign which spells out what they expect. If they have, you can look over it and see if it works for you. I've done this before (nothing in print yet, alas) and it's fairly straightforward, they usually just want to ensure they have the rights to use your photograph(s) for their publication and do not infringe upon your use of it for other purposes.

If they haven't given you such a form, and expect you to initiate the process, I would be wary about working with them.
 
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