>>Anybody asleep yet?


Not at all....I'm glad you posted that response because I knew that there
was a difference between usage & transferring copyright, only I didn't know
the exact terminology....

Let me give you another example, as a museum photographer. Occasionally--not
often--I do freelance work for other museums...okay, all of you out there
who are my peers...this is once in a blue moon because I don't relish
getting dual-employment permission etc., nor asking permission to do
something on my own time with my own gear....(ha, I digress again!)where was
I??

Okay, I have shot some things in the past for 2 museums nearby. The way I
have worked out my agreements is like this. I charge them a rate that I feel
is fair for the job, and I bill them for all materials & processes, and any
other expenses incurred. We figure out all the usages & whatever is needed
up front & before hand...so no surprises, even if this means getting a "shot
list" or having someone tag along. Now, after the job is done, I do hand
over all the materials...usually I shoot slides, CTs and b&w, and I'll hand
everything over with a an invoice that states that the images are "copyright
 (my name) and the year" I give them the unlimited rights to whatever we
agreed upon, which is usually editorial use, maybe collateral use (printed
materials) (a real grab bag of a use too...just about everything a museum
would do short of advertising & exhibitry would fall under this), and I ask
that a credit line be used upon publication where applicable. I don't get
bent out of shape if that doesn't happen, it's nice but you know, I'm just
not as fussy about that as some people are...

Now, if they wanted to use an image at a later date, for a billboard or
something (unlikely), I would expect to be contacted, but honestly I think
that people who get into trying to cover every last aspect of use, tend to
frighten clients away....most museums & institutions are not rolling in
money, looking for a way to rip someone off. If an infringement does occur,
it's usually the result of ignorance of copyright law more than anything.

You've got to understand though, that in the "outside world" the type of
agreement like I just described is frowned upon by a certain segment of the
industry...it could be that since I work for a museum, I'm sympathetic to
their needs, but there really isn't a whole lot of future income a person
could make from probably 99% of the jobs they would get from an
institution...you certainly wouldn't want someone making postcards, for
example, of your artifacts & selling them on the side...you might get into
some grey areas depending upon whether you are a public or private
institution, or whether the assignment was shot inside or outside your
building/property...but then again, I'm not a lawyer...so with that I must
add:

Opinions expressed in this message may not represent the policy of my
agency.

Good luck once again, KT

Kent Thompson,  Photographer
North Carolina Museum of History

Email: [log in to unmask]
Opinions expressed in this message may not represent the policy of my
agency.

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