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A very simple photographer to publisher agreement should be good enough. You can win loads of goodwill and loose even more, depending on which way you handle this. Don't be an ass. |
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And now, for a commercial break.
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Vince,
If you say so.... IMO it is different. Microsoft pays staff to develop their product in the hopes they can sell it when it is (almost) completed. We are talking about work you only do AFTER being hired to do it. I just completed a $2.5M project with a company to develop a computer program/ online education. We hired them to do the job. On my desk are disks with every bit of source code, base graphics, working files and the completed project. We own it (technically, you own it), not the company we hired to produce it.
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Steve the Photographic Academy.com My Portfolio, My Flickr, My Blog D4, D7000, G10, 1030SW and a bunch of other stuff.... |
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Graciousness,
I agree to some extent. If you want to charge the publisher, and they will agree to pay, fine. It's your right. But here's what happened and what's going to happen. They were chosen to have their stories included in part of a book. They were asked to submit photos of themselves which could be published with the story. They chose the photographer's pic because they liked it best. The photographer steps in and claims their rights and wants money. Unless the amount is trivial (and maybe even if) the publisher asks the couple for a different submission. The couple will then submit another photo not belonging to a photographer or get into a mess and be pissed off with the original photographer, probably both. We've seen it before. It's not worth it.
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Steve the Photographic Academy.com My Portfolio, My Flickr, My Blog D4, D7000, G10, 1030SW and a bunch of other stuff.... |
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Personally, I would say that was fine - the bridge & groom are obviously happy to be in the book, and presumably the publisher would get a model release directly from them.
Any yes, seeing as you are the presumably copyright holder (assuming it's in your contract and/or you don't live somewhere where law says otherwise), the publisher would need to talk to you about publishing the images. Whether or not you charge, and how much is up to you. I would ask the publisher whether it's for pure profit for themselves, or for charity and what their expected print runs are, etc. I would consider allowing them to print for a minimal fee or even free as it could be a good advertisement for your services (if you make sure you're credited). If you refuse or charge too much, the bride & groom may supply some photos from a family member, or get dropped from the book, which would probably alienate them. Personally, if they are willing to pay, then great, otherwise II would allow it (if the book was something worth being associated with) for free and write it off as "free" advertising. |
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Vince "...the law of unintended consequences, sometimes, you get a truly memorable photograph" Gear: Canon G2, Canon 20D, Nikon D300...bunch of lenses http://www.flickr.com/photos/20127329@N06/ www.montalbanophotography.com |
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