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Originally Posted by Jerry Skrocki  Laws vary depending on where you live. In Canada, your client would own the rights to his own image. My opinion is that you were paid for the images of the client and he should be free to use his own image in the publication for no additional fee. |
Just to clarify, in Canada that is generally correct but the laws are in revision right now and most photographers will have a copyright release form signed prior to a portrait if there is potential for use. Then the photographer owns the rights.
Regardless, the bottom line is trying to enforce the law. If the customer or magazine tells you to stuff it, you have recourse but it takes time and effort and the rewards for this particular use is pretty minimal. In this case, a judge might easily say that this is personal use and throw it out.
As a suggestion, my personal policy now is that for any and all business portraits I charge $150. for the session plus one 5x7 and the CD of one image. They have full rights to do whatever they want with it. Of course, we do almost no biz ports now since another guy in town is $35. for the same thing without the CD and the photos look like sh*t but hey, look at the money they save! Life is so much fun.
I thought I should qualify the change we made in our own policy or everyone might think we're high & mighty. For every action, there is a reaction. We got sick & tired of having our rights abused so we cranked up the price, then the reaction - no more abuse, almost no more biz ports either.
Doug
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