| LICENSING & RATES |
| A buyer's guide to publishing copyrighted photography |
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About photographer George Wedding and his work
George Wedding is a freelance photojournalist in Elk Grove, California (near Sacramento), with editorial, advertising and corporate clients. An Indiana native, he worked as a staff photographer with the Palm Beach Post (1976-1979), the San Jose Mercury News (1979-1985) and as director of photography with The Sacramento Bee |
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(1985-1991). He was named Newspaper Photographer of the Year in 1980 by the National Press Photographers Association and in 1990 was nominated for Photographer of the Decade by American Photo magazine. He has been nominated twice for the Pulitzer Prize. His work is widely published in newspapers, books and magazines. His creative works are available for licensing in exchange for commercial |
fees through GEOPIX, Inc. These unique, high-quality, original photographs are created for the professional publishing market and not typically available through commercial sources, such as picture agencies or clip art collections, although some may be held in museums, galleries and private collections.
The photographs
All images destined for print or electronic publication are delivered as digital files at requested resolutions, in standard file formats. Nikon digital or film cameras and professional-quality film scanner (Leafscan 45 up to 5080 ppi resolution) are used to produce the digital files. Signed releases are on file for many, but not all images. Fine art prints for collections or public display are made using a heavyweight (about 192 g/m 2), acid-free paper and pigmented inks, and should last at least 100 years before noticeable fading occurs — if matte-mounted, framed under glass and displayed in standard conditions (lighting that does not exceed 450 lux for 12 hours per day with a room temperature of about 75?F and a 60% relative hunidty level). This is typical in offices with fluorescent lighting or homes with mixed daylight and tungsten lighting.
George Wedding warrants that he is the original creator, owner or legal licensee of works delivered to clients. |
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How to license the rights to a GEOPIX photograph
To see current rates and purchase a license to use a photograph, see the navigation links at left and select the type of usage needed (for ad, commercial, editorial or other). If a link has not yet been created (these appear in gray), call 916.549.8272. To learn more about licensing photography, read on. |
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| COPYRIGHT PRIMER |
| Obtaining the right to publish or display photographs |
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This Licensing Guide section outlines the terms, rates and procedures to license photographs for your specific uses. Each Rates page (links at left) on this Web site provides guidelines and a base rate chart for licensing a single GEOPIX image for a single use. Discounts can be negotiated for multiple uses of a single image and/or if multiple images are secured. Call to discuss your specific needs and negotiate an exact quote, but first, review the Rate links at left to determine your type of use (advertising, commercial, editorial, other) and look up a specific rate, if currently available online. Unfortunately, the rates charts are not yet complete (categories listed in gray type are still under construction. Call if your use is not listed). Below, you'll find a quick introduction to copyright and licensing photographs.
About copyright
U.S. and international copyright law defines the system of rights that protect original, creative works of art. From the moment of creation and fixation in a tangible form, an artist owns all rights to his creative endeavors, although these rights can be assigned to others, such as a full-time employer. Copyright law protects the artist's ownership rights and is the foundation for image sales made by freelance photographers, artists, and writers — or any creative professional working as an independent contractor. Some creatives are very protective of their copyrights. Others may be a priority for others — you have to ask.
When a copyright license is purchased, specific, limited rights to use the work are defined in a base, written contract; fees escalate as additional rights are granted. The copyright license you receive is your contract. Terms, rates and fees can be negotiated and other uses even can be added to the license at any time. Usually, payment is due upon delivery or before publication, but terms can be structured to meet the needs of any organization.
Usually, customers do not own the original work— a reproduction is merely being licensed for a stated use. For instance, someone who purchases a fine art print or commissions a portrait owns the reproduction, but does not receive full ownership rights to the original image, which are retained by the photographer. You merely receive a license to display the work in a home or office setting, or even resell it for a profit (though never for publication). Neither the initial customer (nor the third party the print might eventually be transferred to in a resale) receives any reproduction or other rights, unless these are specifically licensed. Privacy laws, not copyright, prevents a photographer from using your likeness for advertising purposes without first securing a signed 'model' release allowing such a venture.
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Rights and terms
Works are licensed based on usage, and as a freelance independent contractor, George Wedding retains full copyright ownership. A licensing contract agreeable to both parties defines terms and the rights received.
Terms outline requirements or limitations, such as the alteration of photographs, the return of photographic originals, the use of credit lines, payment due dates, penalties and governing law. While widely used in employee-employer relationships, all-rights/work-for-hire contracts are inappropriate for the independent contractor (freelance) business model. For instance, most publishing clients receive a limited, 90-day exclusive, first-time, single usage rights for a single North American edition of a print publication or Internet Web site in a base license. Other rights, such as CD-ROM, advertising reprints, books, brochures or displays, can be added to a contract as needed — for additional fees. The rights extended in the base copyright license are for a specified period of time, for a single use, in a single publication or on a single Web URL. Multiple uses, republication, resales or transfers to third parties are not allowed unless expressly authorized by the license; all rights not defined in writing are reserved.
Due to the extremely high cost of a rights buyout, ownership rights are seldom purchased, but interested clients should make inquiry.
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How photography rates are calculated
The fair market value of photography is determined by the type of use (editorial, commercial, advertising, fine art personal or commercial, nonprofit), distribution (media placement), viewership or circulation (press run), placement and reproduction size. Also, exclusivity, demand and time on the market affect prices. Writing fees usually are based on per-word or project rates and include professional copy editing. A range of other factors affect the value of Fine Art prints.
Rates for advertising or corporate work typically are higher than those for comparable editorial or journalistic uses due to the potential for direct profits that can be generated with a successful campaign and the need for content exclusive to a company or product. Most licenses fall into one of five categories:
Editorial, Commercial or Advertising reproductions (print, Web, broadcast or displays); Fine Art prints (commercial or personal-use); Nonprofit reproductions (educational or charitable organizations).
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Photography markets affect 'space rates'
Compensation for photography assignments traditionally is calculated using an industry-standard formula — the creative fee-against-space rate. With this system, a photographer’s basic creative fee (the minimum for which daily assignment work is produced) is applied against a space rate fee (that typically is paid for 1/4, 1/2, 3/4, full page or cover usage). Before publication (upon delivery and acceptance of work), the day rate and expenses are invoiced and due immediately; after publication (if necessary), a final invoice is issued for any difference between the creative fee and the space rate due (expense reimbursements do not pertain to calculation). The system compensates photographers based on usage and clients only pay the highest fees for broad usage rights. It also rectifies differences in how photographers and clients sometimes set a value for images. The minimum (and expenses) are paid in a timely fashion (30 days); the customer defers payment of space rate fees incurred until after publication, without penalty. Space rates also are used to license stock photography.
Occasionally, a flat rate can be established for special projects. For instance, portraiture rates are based on an initial 'sitting fee' and fees for the custom prints purchased. Clients receive a limited copyright license to display framed portraits in family albums or as wall prints and murals, but no reproduction rights, unless these are purchased separately.
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Copyright infringement
Copying and republishing photographs is easy in the digital age, especially on the Internet. Copyright infringement is a serious criminal offense governed by international and U.S. law and violations are not tolerated. For any single violation of works registered with the U.S. Copyright Office, you or your firm could be subject to severe statutory damages as high as US$150,000 (per infringement), AND all court costs and attorneys' fees, in addition to actual damages (GEOPIX's lost income).
An infringement occurs if you fail to secure a license before publication or violate the terms of a copyright license. If an innocent infringement against GEOPIX is discovered, you will be contacted and invoiced; prompt payment must be made (and received within 10 days) of submission of this invoice. If it is obvious that the infringement is willful and egregious, an industry standard triple fee (based on the GEOPIX licensing rates) may be added to this invoice. (Triple fees for unauthorized uses are a standard practice in photography and publishing, and they offer all parties a reasonable alternative to a more costly copyright lawsuit.)
If you do not respond or if payment of this original infringement invoice is not made within 10 days, the standard triple fee (assuming this was not applied to the initial invoice) automatically will be added and the invoice resubmitted. If payment for this resubmitted copyright infringement invoice is not made and received within 30 days (from date of submission), offenders will be notified by attorney of the intent to prosecute in U. S. Federal Court.
I welcome your business and appreciate good customers. I just ask that you respect my property. Copyright infringement will not be tolerated.
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CONTACT
George Wedding/ GEOPIX
Elk Grove, CA
916.549.8272 or georgewedding@geopix.com
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A copyright license is your contract
to publish or display a photograph.
With the invoice,
it defines usage terms, limits, rates and fees, each of which can be tailored to meet your
needs. |
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