[bigkidjr]

Hi all. Quick question here: I do a lot of commissioned photo-art jobs, where people send me their photo, I create the art, print it, mat it, and ship the final piece. Currently, tho, I have a client who wants me to create a photo-art image for a presentation he is making to a department store chain, to get them to carry his line of clothing. He wants me to send him the JPEG of the art I created for him, rather than a print of it, so he can use it to create his presentation.

My question is, the art I created is really nice and could easily be printed, matted, and sold. I didn't think of this til after I agreed to do the work. I'm obligated to send him the actual file, so I guess it'll be my loss, but for any future jobs like this, is there any way to get around giving up your actual image file?

Thanks for any advice you may have,

Bigkid

[Stroker]

Stipulate who gets what files.
You get the work files and the client get the final result.
Or client gets everything.

Around here, photographers have been fighting a very similiar battle.
Normally, if you want more prints, you have to go back to photographer.
With home hardware availability in recent years, many have been doing their own scanning, printing, and cutting out the photographer against signed agreements.

Back when I was doing that kind of work, I would offer the work files for a little extra $$.
Same with some of the programming jobs I've done.
Do they get just the compiled or source code as well?

It's always good to clarify what exactly the job is, be it final output or grunt work for future projects/modifications.

If they are paying me for a TIF, then giving up the PSD is a totally different negotiation.

For this one, I say bite the bullet and take it into consideration for future jobs.
Lessoned learned and move on.
I guess stipulate digital or print format.
Or other similiar things as the case may be.

[bigkidjr]

Thanks for the advice. I just spoke with the client and told him of the issue. He said that it's fine and that for all future jobs he sends me, "paper" is fine.

Alls well that ends well. Another life lesson learned.

B

[bigkidjr]

Hi all. Another question has come up. The client I wrote about above is marketing his clothing line to a variety of targets, including Macy's department store, Oprah (I'm not sure in what capacity), etc. Apparently it's easier for him to work on his marketing campaign if I just send him the JPEG file of the digital artwork I created (from his photos), rather than a printed copy. Honestly, it would be easier on my end, too. Just click and send. The problem is the possibility of unauthorized use of my images. My clients has offered to sign a waiver that he will use the images only in his marketing materials. This seems fine with me, but I have no experience putting together such a document.

Any issues that I should be thinking about, or do you think something like "I hereby agree to use these materials for the current marketing campaign only" will suffice?

Any advice would be greatly appreciated!!

thanks,

BK

[Kraellin]

the analogy that stroker makes to the software industry is probably quite a good one when applied to images. when you buy a piece of software the end user agreement is almost always that you do not own the code; you are simply leasing the use of it. you job sounds very similar, only in this case you are talking about image copywrites. are you selling the client the copywrite and the image, or are you just selling the image for his use? and yes, that shld be stipulated in such an agreement.

other considerations in these things might also be just how much use is the client allowed. for instance, if he uses it for one run of advertising does this automatically give him the use to run it at a later date in a similar or even dissimilar campaign. do you want him to be able to sort of sub-let your work to others as long as you get a royalty or commission. may the client further alter your work if he so desires, sort of like a writer might write a book but when it's put to a screenplay it often gets altered.

the basic issue is the copywrite. if you produced it then you have the copywrite and it cannot be used without your permission... in theory. in actual practice that may vary. you might want to consult a copywrite lawyer and have him draw up a standard contract or even a few for various situations.

i'm not currently in your line of work, so i can only guess at the various issues. but i have had to deal with non-disclosure issues, patents, and some copywrite arguements over time.

and, just as a final thought, is the client willing to have your name on the image, or a watermark. the name would give you some free advertising and help to protect your image a bit.

K.

[bigkidjr]

Thanks for the advice. It's a complex issue, right?

Here's what I ultimately came up with for dealing the situation. It's an image usage agreement (reviewed by a relative of mine who is a lawyer) that allows for the temporary use of my images by my client, as stipulated in the specified terms. I thought others might find this helpful, so I decided to post it here.

The names in the document, of course, are fictional.


*******************************************************
Image Usage Agreement

This agreement specifies the allowable use of images created and copyrighted by XYZ IMAGES (Jane Smith, Owner) and the restrictions related to that use for ABC COMPANY (John Jones, President).

1) Images may be used in advertising or as sample materials sent to clients but may not be duplicated, reproduced, mass-produced, manufactured, or marketed in any way.

2) No one other than XYZ IMAGES may sell, use, or market images produced by XYZ IMAGES, except as agreed upon in writing.

3) Images may never be distributed in electronic format. Images may not be transmitted electronically, via email, posted to the internet, distributed by CD, or any other way, except that they may be used in hardcopy format or as textile samples only.

4) XYZ IMAGES, owned by Jane Smith, retains full copyright of the images. Copyright information will be clearly visible on all XYZ IMAGES images used by John Jones or ABC COMPANY.

5) Jane Smith retains full credit as the artist behind the images, and her name will appear on each image or in close proximity to each image, with artist credit appropriately noted.

6) This agreement for the use of images created by XYZ IMAGES will expire on September 15, 2005, at which time all electronic versions of these images held by John Jones or ABC COMPANY shall be destroyed.


I agree to the terms as set forth in this document.

John Jones, President
ABC COMPANY

Signature ________________________________ Date __________