Today, photographers can make every image pay and pay again by controlling and pricing the rights to their work. In Licensing Photography, a veteran photographer and a respected attorney team up to present the complex subject of licensing of clear, understandable terms. With this step-by-step guide, readers will be able to forge successful, legally sound, and profitable agreements. Digitial imaging and Internet technology mean the market for licensing is bigger than ever—and Licensing Photography helps every photographer get a piece of the pie. • All the tools a photographer needs to craft licensing agreements, price licenses, and negotiate fees • Real-life examples, sample agreements, Q&A section, plus legal advice in layman's terms
Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.
Author(s): Victor Perlman, Richard Weisgrau
Edition: 1
Publisher: Allworth
Year: 2006
Language: English
Pages: 208
Cover
Title Page
Copyright
Contents
Introduction
Chapter 1 Licensing Concept and Reality
The Licensing Concept
The Licensing Reality
It's About Money
Avoiding Mistakes
Licensing Circumstances
Licensing Specifications
Business Models
Licensing Checklist
A Photograph's Usage Value
Getting Started
Chapter 2 Understanding Copy rig fit
What Does a Copyright Really Protect?
What Does It Take to be Copyrighted?
Who Owns the Copyrights?
How Long Do Copyrights Last?
What If Somebody Uses Your Photographs Without Your Permission?
Why, When, and How Do You Register Your Copyrights?
When Is an Infringement Not an Infringement?
How Can You Make Money Out of Your Copyrights?
Chapter 3 Making Sure you Can License What you Shoot
Rights of Privacy
Rights of Publicity
Defamation, False Light, and Obscenity
Copyrighted Works and Objects
Trademarks and Logos
Buildings, Skylines, and Trees
Representations, Warranties, and Indemnifications
Release Forms
Twenty-first Century Concerns
Adult Release
Simplified Adult Release
Minor Release
Pocket Release
Property Release
Chapter 4 Effective Licensing Agreements
When Do Contracts Exist?
Letter Agreements
Forms
Specifying Usage
A Note About Digital Media
Terms and Conditions
Independent Contractor's Agreement
Indemnification Agreement
Estimate
Assignment Confirmation
Invoice
Schedule of Fees and Expenses
Pre-Delivery Confirmation Facsimile
Pre-Delivery Confirmation E-Mail
Assignment Photography Delivery Memo
E-Mail Cover
Stock Photography Delivery Memo
Stock Photography Invoice
Letter Agreement
Chapter 5 Licensing Iff the Digital Age
Photography Processing Software
Pricing and Licensing Software
Internet-Based Information
Stock Agencies Online
Fear of Digital
Preying on Fear
Photography Business Software
Office Software Suites
Word Processor
Spreadsheet/Database
Tracking Licenses and Uses
Effective Enforcement
Double Edge
Chapter 6 Tricing Licenses
Stock Pricing Components
Exceptions to the Rule
Value versus Price
Exclusive or Non-Exclusive
Stock Price List or Pricing System?
Developing a Pricing System
Determining a Base Price and Factors
Assignment Licensing
The 1909 Copyright Law
Evolution of Assignment Pricing
Characteristics of Assignment Photography Market Segments
Rights and Market Segments
Usage and Value
Market Segment Pricing Relationships
Pricing Re-use of Assignment Images
The Final Step
Chapter 7 Negotiating Licenses
The Aspects of Negotiation
The Psychological Aspect
The Methodology
Psychology of Power
Risk and Fear
Negotiating Tactics
Copyright Demands
All Rights and Buyouts
Negotiating Stock Photography License Fees
Abstract Factors
Risk Factor
Sell the Image
Price Levels
Stay Focused
The Bottom Line
Finishing Up
Index
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