Copyright For Photographers: Do you know your Rights?
Photographers are more valuable today than ever. We live in a world where content marketing is king for any business. But wait; that does not mean that you should undervalue your work as a photographer. Believe me, I know that it is hard to negotiate prices when it comes to your work as a photographer. If you are working as a freelance photographer you should read this article.
The video talks about two incidents in which I had to express my rights as a freelance photographer. One in which I had to send a company a (DMCA) takedown notice and the other was a negotiating process that went bad for me. I want you to learn from my experiences.
A DMCA Notice or also Digital Millennium Copyright Act is a process in which the copyright owner can send to an infringer as a warning before taking further action. In my experience, the business took down my images within 24 hrs. This is generally the first step one should take. It is a scare tactic that has worked for me and it may work for you. Here is an example of one that I have sent to the company that used my photos on their website.
When working with other businesses, it is critical that you know your rights. Many of these new e-commerce stores that are hiring freelancers may not be educated on copyright laws. This is where you can have in your contract that you retain all rights to images and are licensing usage to the client that you are working with. Often times today people think that because they are purchasing images from you that they are purchasing the rights to the images as well when that is not the case. They are actually purchasing derivative copies of your work and as the artist, this is where you have full control over your pricing if a company wants to buy out your images. Keep this in mind when working with business clients who plan on booking you for a gig. Here are some things that you should consider when working with a business as a client.
1. The scale of the production? (what are all the factors that it will take to execute the job?)
2. How many images will the client be needing?
3. What will the images be used for?
The scale of the production can greatly affect the cost that goes into the shoot. That is why this is one of the most important things that you should consider. This will help you give the client an accurate estimate and remember that this is the expenses that the client is paying for. This is not come out of your pocket. Your Creative fee is tacked on top of this and this is what you get paid for the job. This is also considered the booking fee.
Depending on the shoot, the client may not know how many images they need but sometimes they do. Or they may have an idea that they have. This gives you a target to shoot for.
The usage of the image is key when factoring in your pricing. Since you are licensing the images for the client to use. The values of the images can range differently. For example if the images are only going to be used online. Some things to think about are the number of views or how large their audience is. If the client is printing brochures and marketing material, you have to think about where will they be distributed and how long that particular campaign will be going on. If online and print the price will greatly vary. I can’t tell you an exact for this because every photographer may charge something different when licensing their work. This is something that you have to think about your self worth as a photographer. What I can tell you though is that you do not want to sell yourself short. Also if a client wants to buy out full rights to any of your images you should charge a premium.
In conclusion, I want to restate that you should know your rights as a photographer and not sell yourself short at any cost. You are valuable in this industry and do not let anyone tell you different.