Topic: photography: day rates/rights

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m.m.m. Posted – 11/9/2007 12:25:46 PM | show profile
I'm curious about how some other magazines/editors (and photographers, I guess) view the subject of reusing images from a photo shoot for which a day rate was paid. It has been my understanding that when a magazine pays a day rate (or multiple day rates), the magazine then owns the images and the photographer cannot reuse or resell them. I realize that whatever contractual agreement was signed would dictate this, but I'm curious to know what is considered the standard arrangement these days.

Thanks.
ltj201 Posted – 11/9/2007 12:46:57 PM | show profile
unless the photographer transferred the copyright or granted whatever additional rights you're talking about, absolutely not. depends on the individual contract, of course, but typically (if the photographer is smart), nope.
m.m.m. Posted – 11/9/2007 1:04:50 PM | show profile
Thanks, LTJ. So, basically, using a day rate is just a way to push costs down versus paying space rates for individual photography?
JeanMarie Posted – 11/9/2007 2:34:14 PM | show profile
There should be a creative fee + licensing fee.
Day rates aren't the best way to do business. In a perfect world (on a very basic level) you should charge a creative fee + licensing fee. In such a case, reuse would require additional payment. Photographer retains copyright.

Of course, it should all be in the contract. :)
JeanMarie Posted – 11/9/2007 2:45:05 PM | show profile
There should be a creative fee + licensing fee.
Day rates aren't the best way to do business. In a perfect world (on a very basic level) you should charge a creative fee + licensing fee. In such a case, reuse would require additional payment. Photographer retains copyright.

Of course, it should all be in the contract. :)
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