by Bruce DeBoer April 25, 2005 | Comments (0)

… is not always easy. Artists who create original works own the copyright to their images. This is the basis for how artists sell their work; they sell reproduction rights in whole or part – exclusively or repeatedly. There’s more to it but let’s start here using photography as an example:

Royalty free: This means that you bought non-exclusive unlimited use rights for the image, no questions asked; you pay money and do with it what you choose. However, the image can be sold hundreds of times.

Rights Managed: When you buy a rights managed image you are purchasing a specific use for a specific period of time - exclusive or otherwise. For example, if I needed an image for the cover of a brochure, it may specify something like this: “one time 2 year exclusive use for cover of collateral material not to exceed 2 years and/or 25 thousand pieces" The cost is based on the reach of its use. i.e. National advertising costs more than local trade, local trade costs more than an inside placement of a 5,000 piece brochure, etc.

Copyright Transfer: This is what Michael Jackson did when he bought Paul McCartney’s songs. Mr. Jackson owns them as if he wrote them. He is free to sell their use in any way he chooses. If it’s a true Copyright transfer, Paul has to pay Michael if he wants to perform his own songs.

Exclusive non-transferable unlimited use rights for X years: This is a shade of gray (but an important one) different from copyright transfer. This allows the purchaser to use the image in any way they choose for a specified number of years, but it fails to transfer the right of ownership. In other words, the purchaser isn’t free to sell the photography. The original artist is allowed to use the images for their own promotional gain.

If it is not specified in the purchase of a photo – at an art gallery for example – it is for your personal consumption only. If you plan to use it for commercial gain, you’d better find the artist and make arrangements. Unless you have it in writing, the photographer maintains all rights to his image under Federal law. The original artist doesn’t even have to know copyright law, it’s automatic.

So that is the basic idea. You buy reproduction rights, not the photograph. Even if you think you bought the photo, if you don’t have a transfer of reproduction rights in writing, you probably don’t have the right to use it for your personal financial gain.

Prickly stuff huh? Well, there's more. Are there people in the photo? They have rights too. It there recognizable private property? The owners often have rights of reproduction.

The Federal Copyright law is often under attack by those who feel it restricts their means of profit. For an interesting alternative view visit: Click to Open Web Page

For more information on Copyright, go here: Click to Open Web Page