Copyright, Licensing, Model release for educational purposes

[Eruditass]

Are you required to get model release forms if the photograph will be published for educational purposes? In a book? Does it differ depending on the country of publication?

[Jim Bryant]

Yup............so what you're saying is that the photograph could/would appear in multiple languages publications in the future? If they want the photos bad enough, just give them North American Rights only. Why? Just think of all the money you're going to loose out of they are published in additional countries? Just think it they become part of a major ad campaign on TV, magazines and Billboards. You need to ask those questions and license those individual rights accordingly. You stand to loose good money for the byline.

If you give them total rights, you can't sell them in the future. Is that worth it?

[Eruditass]

Originally Posted by Jim Bryant

Yup............so what you're saying is that the photograph could/would appear in multiple languages publications in the future? If they want the photos bad enough, just give them North American Rights only. Why? Just think of all the money you're going to loose out of they are published in additional countries? Just think it they become part of a major ad campaign on TV, magazines and Billboards. You need to ask those questions and license those individual rights accordingly. You stand to loose good money for the byline.

If you give them total rights, you can't sell them in the future. Is that worth it?

My understanding is I'm not giving them total rights, just future translations in that particular book (not ad, tv, magazine, or billboard). Is this incorrect? Does "derivative works" give a lot of leeway?

Part of the compensation is I'm one of the few amateur people included and get to write a bio page with whatever I want, including advertisements for a site I don't have (I've only recently got into fine art photography). I suppose since they've showed interest I now have some bargaining chips? Though I don't really care all that much about the money. They are England-based, I've found out (referencing the North America Rights thing)

[andyw]

Originally Posted by Eruditass

My understanding is I'm not giving them total rights, just future translations in that particular book (not ad, tv, magazine, or billboard). Is this incorrect? Does "derivative works" give a lot of leeway?

Part of the compensation is I'm one of the few amateur people included and get to write a bio page with whatever I want, including advertisements for a site I don't have (I've only recently got into fine art photography). I suppose since they've showed interest I now have some bargaining chips? Though I don't really care all that much about the money. They are England-based, I've found out (referencing the North America Rights thing)

Hmmmm, some ambiguity in that wording regarding future or extra use.

That second clause you have quoted could mean any number of things and personally I would tie them down more.
They are saying the whole works or any part or parts of it (with your images) can be used in anything at all not just book form.
Nothing to stop them taking the image and a couple of lines and using that as a world wide poster campaign or the like.
It could also be used in a future collection where this and other books are combined etc.
It also seems to give them permission "others" those rights.

As Jim says, tie them down to first publication xx area and discuss all the other bits.

The good news is it is "non-exclusive" which means you are free to license that image elsewhere on a non-exclusive basis.


"derivative works" gives them a lot of leeway.

[Eruditass]

Originally Posted by andyw

Hmmmm, some ambiguity in that wording regarding future or extra use.

That second clause you have quoted could mean any number of things and personally I would tie them down more.
They are saying the whole works or any part or parts of it (with your images) can be used in anything at all not just book form.
Nothing to stop them taking the image and a couple of lines and using that as a world wide poster campaign or the like.
It could also be used in a future collection where this and other books are combined etc.
It also seems to give them permission "others" those rights.

As Jim says, tie them down to first publication xx area and discuss all the other bits.

The good news is it is "non-exclusive" which means you are free to license that image elsewhere on a non-exclusive basis.


"derivative works" gives them a lot of leeway.

Yeah, the future part is unclear if it can include stuff like posters or combined editions.

We had already talked about the distribution as being worldwide. Where do you see it giving them permission to others?