Contract help

[rickfmdj]

I have a question. I am working on a quote for a client that wants me to sell them photos and videos I shoot and they are asking for "Exclusive Rights" to the data. Does anyone have a standard form of contract of services?
If so, do any of you have thoughts on how to word this in a contract?

Thank you in advance for any help with this!

 

[dirkclod]

Maybe you should also join our sister forum.

Commercial Drone Pilots Forum

Commercial Drone, UAV, UAS Industry Discussions

commercialdronepilots.com

 

[rickfmdj]

Maybe you should also join our sister forum.

Commercial Drone Pilots Forum

Commercial Drone, UAV, UAS Industry Discussions

commercialdronepilots.com

Yes, I did, just asking a couple of groups. The more help the better. Thanks, dirkclod!

 

[BigAl07]

Exclusive Rights? For how long?

It would have to be a VERY nice compensation for me to give life time exclusive rights.

Is there any chance you can/would sell these images later on to someone else? Any chance you'd use them for some marketing of your own?

 

[OkDrone]

My first thought was exclusive rights? That is something to consider thoroughly. Most Photographers do not want to give up exclusive rights unless well compensated.

 

[rickfmdj]

Exclusive Rights? For how long?

It would have to be a VERY nice compensation for me to give life time exclusive rights.

Is there any chance you can/would sell these images later on to someone else? Any chance you'd use them for some marketing of your own?

These images are of a large boat harbor and the boss wants these forever so I most likely would not need them for anything but I told them I am keeping a copy of each for my portfolio...So I have 1 still and 2 short 60sec videos. I don't want to scare them away as this is my 1st major client, but then again I should be getting what the "market price" is going for...

 

[rickfmdj]

My first thought was exclusive rights? That is something to consider thoroughly. Most Photographers do not want to give up exclusive rights unless well compensated.

How much is well compensated for a boat harbor photo & 2 short videos? I have no idea...thanks

 

[BigAl07]

How much is well compensated for a boat harbor photo & 2 short videos? I have no idea...thanks

How much time did you spend capturing, editing, processing, delivering etc?

You and only you can price your time. If you under value your time, services, skills you can bet your bottom dollar so will "they".

 

[rickfmdj]

How much time did you spend capturing, editing, processing, delivering etc?

You and only you can price your time. If you under value your time, services, skills you can bet your bottom dollar so will "they".

I spent about 2 hrs total. So that and the exclusive rights to the 3 items. Thinking...Thx

 

[BigAl07]

I spent about 2 hrs total. So that and the exclusive rights to the 3 items. Thinking...Thx

Honestly, I've never sold anyone "Exclusive" rights. I will license them for as long as they want but I also retain MY rights to use/sell them going forward.

 

[Wilson Photography]

There is a difference between "exclusive rights" and copyright. You own the "copyright" as soon as you make the image per the U.S. Copyright laws and can continue to own it, but give them "exclusive rights in perpetuity". This means they have the rights to use the image and video and nobody else, and they can not sell them to anyone else for their monetary gain since you own the copyright, and only licensed them for their use. You retain copyright and can put into the contract that you retain the right to use them for self promotion.

 

[rickfmdj]

There is a difference between "exclusive rights" and copyright. You own the "copyright" as soon as you make the image per the U.S. Copyright laws and can continue to own it, but give them "exclusive rights in perpetuity". This means they have the rights to use the image and video and nobody else, and they can not sell them to anyone else for their monetary gain since you own the copyright, and only licensed them for their use. You retain copyright and can put into the contract that you retain the right to use them for self promotion.

Sounds perfect, thanks!

 

[Dale D]

I have a question. I am working on a quote for a client that wants me to sell them photos and videos I shoot and they are asking for "Exclusive Rights" to the data. Does anyone have a standard form of contract of services?
If so, do any of you have thoughts on how to word this in a contract?

Thank you in advance for any help with this!

I think this one is above our pay grade.

If it were me I'd speak to an attorney who specializes in intellectual property (assuming you are intellectual of course-ha ha).

Dale

 

[Forensics_Pilot]

Sounds perfect, thanks!

Steve Wilson of Wilson Photography is right on the money. The “exclusive rights” and copyright issues are common topics that arise when one becomes a published “author” of papers, photographs, videos and the like. Never, ever give up your rights to use your own work for personal self promotion. Good luck in this endeavor!

 

[Niku]

I have a question. I am working on a quote for a client that wants me to sell them photos and videos I shoot and they are asking for "Exclusive Rights" to the data. Does anyone have a standard form of contract of services?
If so, do any of you have thoughts on how to word this in a contract?

Thank you in advance for any help with this!

"Exclusive" information. I believe your client wants "exclusive rights" to photoes and videos. That is, when you sell material to him, you no longer have the right to trade it with others. Write a contract and get a "trade confirmation". That's all!

 

[Dale D]

Steve Wilson of Wilson Photography is right on the money. The “exclusive rights” and copyright issues are common topics that arise when one becomes a published “author” of papers, photographs, videos and the like. Never, ever give up your rights to use your own work for personal self promotion. Good luck in this endeavor!

I have traveled to Africa several times using Africa Geographic Magazine as a travel agent. They have a department that does travel and they know Africa very well. They are located in Cape Town. The magazine runs an annual photo contest and I usually submit numerous images. In the past 2 years I was a finalist in each year.

Then, they ask me to use one of my images (Madagascar sunset on avenue of the Baobabs) for a cover and I agree. Then they ask me to use another one of my images ( a chimpanzee shot. taken in Tanzania). I asked them for a fee of $100.00 and they said they were not able to pay for pictures. I told them not to use my image.

There comes a time when you need to say no or they will take advantage. Just my personal feeling.

Dale
Miami

 

[rickfmdj]

I have traveled to Africa several times using Africa Geographic Magazine as a travel agent. They have a department that does travel and they know Africa very well. They are located in Cape Town. The magazine runs an annual photo contest and I usually submit numerous images. In the past 2 years I was a finalist in each year.

Then, they ask me to use one of my images (Madagascar sunset on avenue of the Baobabs) for a cover and I agree. Then they ask me to use another one of my images ( a chimpanzee shot. taken in Tanzania). I asked them for a fee of $100.00 and they said they were not able to pay for pictures. I told them not to use my image.

There comes a time when you need to say no or they will take advantage. Just my personal feeling.

Dale
Miami

Nice Dale, thanks I think I’ll double check with my well when I find an attorney. And thanks

 

[Dale D]

Nice Dale, thanks I think I’ll double check with my well when I find an attorney. And thanks

I found this page for you on Legal Zoom. Just Google legal zoom and navigate to this page- it might give you some ideal of hourly price ranges for intellectual property.

 

[rickfmdj]

I found this page for you on Legal Zoom. Just Google legal zoom and navigate to this page- it might give you some ideal of hourly price ranges for intellectual property.View attachment 142850

Thanks