Signing Releases on photo's

[dales]

I was approached by an individual who has asked that I let him include one of my pictures in a book he is writing. This book will be published by one of the major publishing houses in N.Y.

I agreed but when I got the release to sign for their use of the photo, the release states that the photo can be used for any purpose including their putting it on the web. I have done some searching on the web and have found that this individual has many photo's for sale, all done by other artists/photographers. He does give the originator of the piece credit.

I have emailed the publisher(no response yet) asking if in fact he does have a book in the works.

Am I right in hesitating in signing the release? I certainly don't want someone else selling my photos.

[Benny Pedersen]

I was approached by an individual who has asked that I let him include one of my pictures in a book he is writing. This book will be published by one of the major publishing houses in N.Y.

I agreed but when I got the release to sign for their use of the photo, the release states that the photo can be used for any purpose including their putting it on the web. I have done some searching on the web and have found that this individual has many photo's for sale, all done by other artists/photographers. He does give the originator of the piece credit.

I have emailed the publisher(no response yet) asking if in fact he does have a book in the works.

Am I right in hesitating in signing the release? I certainly don't want someone else selling my photos.


You could return him the release without signature. Ask for it to be rewritten.
Something like this: Released to "his name" for printing in the
book: "title here". The picture most not be sold. etc... and signature

Benny

[dyale]

I would not sign any release. Because once you do he can do anything he wants and sell as much as he wants and you get nothing. The release must state you retain all rights to the photo and he only has the right to use the photo in his book. He should also pay you for the photo (enough to cover each book he sells). He stands to make a goodly amount on the book.

[genevh]

I agree with Dyale. You have room for negotiation here to protect your rights to your own work and can limit him to exactly what he asked for, to use it in his book and only his book. Photo credits when someone else is making the money doesn't do much for you, unless you are getting a piece of the pie. And if he won't negotiate, you don't have to let him use your photo.

[indymom]

It sounds to me like this person just wants to make some money, from other people's work. Instead of just doing it himself. JMO

[JulieM]

I think you are really wise to investigate this as fully as you can and not to sign any release that appears to allow the author/publisher to use your image in a way you're not comfortable with. I found an interesting website HERE (http://martybugs.net/blog/blog.cgi/other/makingmoney/HowMuchShouldYouCharge.html) which has links to some tools for calculating fees for use of photos. Hope that will be of some help. Your work is really good - don't undervalue it or yourself.

[dales]

Thanks to all of you for confirming my concerns. Oh how we all benefit from this forum.

[TravelinGal]

Oh gosh dales - I just looked at your gallery and you DO have some LOVELY work! I hope this guy plays straight with you and you can make some $ from his book. :)