3. Commercial photography is the creation of any photo for
commercial use, whereby the photographer is paid for the images
rather than works of art.
4. Personal use may be commonly defined as use that is not for
commercial gain. Examples of personal use (or non-commercial use)
might include social newsletters or wedding announcements.
Commercial use may be commonly defined as use that is intended for
commercial, promotional, endorsement, advertising or merchandising
purposes. Examples of commercial use could include a branded
company website, brochure, advert, presentation or product.
PersonalusevsCommercialuse
5. Whoownsa Commercialphoto?
6. The exclusive legal right, given to an originator or an
assignee to print, publish, perform, film, or record literary,
artistic, or musical material, and to authorize others to do the
same. Copyright
7. In simple terms, copyright for photographers means owning
property. With ownership, you get certain exclusive rights to that
property. For photographic copyrights, the ownership rights
include: To reproduce the photograph; To prepare derivative works
based upon the photograph; To distribute copies of the photograph
to the public by sale or other transfer of ownership, or by rental,
lease, or lending; To display the photograph publicly;
Copyrightandcommercialphotographers
8. Copyright conferred by sections 23 and 24 of the Copyright
Act shall vest initially in the author: Provided that where a work
- (a) is commissioned by a person who is not the authors employer
under a contract of service; or (b) not having been so
commissioned, is made in the course of the authors employment under
a contract of service, the copyright shall be deemed to be
transferred to the person who commissioned the work or the authors
employer, subject to any agreement between the parties excluding or
limiting the transfer. Firstownershipofcopyright.
9. (1) Independently of the authors economic rights and even
after the transfer of the said rights, the author shall have the
right to- (a) claim the authorship of the work; and (b) object to
any distortion, mutilation or other modification of or other
derogatory action in relation to, the said work which would be
prejudicial to his honour or reputation. (2) None of the rights
mentioned in subsection (1) shall be transmissible during the life
of the author but the right to exercise any of the said rights
shall be transmissible by testamentary disposition or by operation
of the law following the demise of the author. (3) The author has
the right to seek relief in connection with any distortion,
mutilation or other modification of, and any other derogatory
action in relation to his work, where such work would be or is
prejudicial to his honour or reputation.
Moralrightsofanauthor.
10. Simply put. If you abuse any of the ownership rights of a
photographer (originator) without his/her consent then you are
infringing on their rights. Copyrightinfringement.
11. Simple. If you dont and your ownership rights are infringed
you can only get a maximum compensation equal to the actual damages
if you succeed with claims of infringement as opposed to statutory
damages. Statutory Damages: The charges allow copyright holders,
who succeed with claims of infringement, to receive an amount of
compensation per work (as opposed to compensation for losses, an
account of profits or damages per infringing copy).
Whyyoushouldcopyrightyourimages.
12. The photographer in question is Andrew Paul Leonard, and he
specializes in photographing tiny things. No, not macro photography
think tinier. Leonard captures images using a scanning electron
microscope (SEM), and he wasnt too happy when he discovered that
Stemtech Health Services, a supplement sales company, was using,
copying, and displaying his work on its website and in
publications. Leonard was awarded $1.6M in actual damages on
October 11th after five years of taking Stemtech to task in court.
And the kicker here? As we said, $1.6M was actual damages.
Unfortunately, Leonard didnt register his copyright until after the
infringement took place, so he wasnt eligible for any statutory
damages at all. Can you imagine how much he would have made if he
had registered ahead of time? Originally from PetaPixels.com
AndrewPaulLeonardvsStemtechHealth
15. 1. Collect registration form from the Kenya Copyright
Boards reception or download the same from the Kenya Copyright
Boards website, www.copyright. go.ke/downloads. 2. Fill in the
relevant details NB: Any such person purporting to register a work
as an agent is required to produce an authority letter, from the
owner of the work, authorizing him/her to act as such agent for
purposes of registration and/or for any other purpose, as far as
pertains to such work. 3. Have the forms Commissioned by a
commissioner foroaths. 4. Attach two ORIGINAL copies of the work 5.
Deposit a Non-refundable registration fee of Kshs. 1000 in the Bank
Account of the Kenya Copyright Board: BANK NAME : KCB ACCOUNT NAME
: KENYA COPYRIGHT BOARD ACCOUNT NUMBER : 1104002450 BRANCH :
KIPANDE HOUSE 6. Present the Bank Deposit Slip at the reception of
the Kenya Copyright Board, where a receipt will be issued. 7. The
Certificate of Registration will be issued
16. Licencing yourphotographywork
17. License descriptions are used in estimates, invoices,
proposals, correspondence and other documents to communicate the
scope of usage allowed for a particular image or group of images.
An image license typically defines a grant of one or more of your
exclusive rights under copyright law: to reproduce, distribute,
transform, display and/or to perform your photographs. In granting
a license, you are the Licensor and your client is the Licensee. In
describing a license, the goal is to: Grant (or offer to grant)
your clients an agreed scope of usage, permitting only specified
usages, while constraining all other usages. Ensure that your
clients and other reading the license will precisely understand
what they can (or cannot) do with your photographs. Protect your
photographs from unlicensed usage. Howtowriteyourlicence
18. A license description should include the parties,
permissions, constraints, requirements, conditions, image info and
other relevant information. The wording should be clear and
concise. If you are not an attorney, dont try to write like one.
Just state the information in simple terms, to communicate the
image usages that you are offering to grant to your client. For
details got to the Appendix Whattoincludeinyourlicence
19. Licencing tools
20. The Picture Licensing Universal Systema cooperative,
multi-industry initiative provides a system that clearly defines
and categorizes image usage around the world, from granting and
acquiring licenses to tracking and managing them well into the
future. UsePLUS.com
21. The PLUS Registry at www.PLUSregistry. org is an online
resource developed and operated cooperatively by a global Coalition
of all communities engaged in creating, using, distributing and
preserving images. PLUSregistry.org
22. The Creative Commons copyright licenses and tools forge a
balance inside the traditional all rights reserved setting that
copyright law creates. Giving everyone from individual creators to
large companies and institutions a simple, standardized way to
grant copyright permissions to their creative work.
CreativeCommons.org
25. Working for experience (Working for exposure) isnt bad. It
will not devalue the industry. It is a necessary form of building
our own individual value. But giving away free commercial work is
the sure fire way to devalue YOURSELF. If we just dedicate the same
amount of time into collaboration as our peers put into their
degrees, we might find ourselves in a better position to find
paying clients. WorkingforFree
27. Production charges are simply the costs incurred by you,
the photographer, in executing the production of the images you
were hired to create Equipment Rental Photographers Assistant
Producer Fee Stylist and or Make-up artist Catering Prop rentals
Transport Communication Productioncosts
28. Consider your Creative worth + Cost of doing business. The
creative worth is simply the price you put on your creative work.
Cost of doing business (CODB) is the Non-reimbursable expenses +
desired salary = your total annual cost number of billable days =
your CODB. Creativefee(DayRate)
29. LicenceFee Without a license, the client is completely free
to interpret the usage rights however they wish and this can lead
to some rather unpleasant situations. The best way to do this to
assign a percentage based slider on the Total Media Buy by your
client. So instance 1% for a large volume of exposure and 50% for a
small volume.
30. Retouching(DigitalService) Without retouching you are just
like any other photographer. Retouching is the last evelope a
photographer pushes to bring out his style. Consider charging your
client for professional retouching (Do not retouch yourself if you
are not a professional retoucher). This is why you need this
cost... so you can subcontract a professional.
31. Example
32. Pricing Tools
33. Billings Send professional invoices, estimates and
statements. https://www.marketcircle.com
34. StudioCloud StudioCloud is free, easy-to-use, business
management software designed for small business owners.
http://studiocloud.com/
37. Useaproductionteam Concentrate more on the creative output
and lighting setup. Leave production matters to production people.
You cant be everything.
38. Getrightsfromthesubjects Model and property release form
are crucial for advertising agencies and their clients. Make sure
you have them where appropriate with details on intended usage and
compensation.
39. Camera Your camera specs should have high pixels - not
below 24 MP, Full Frame with a good lens of your choice. In
advertising this is the professional minimum.
40. Lighting Invest in a professional lighting kit. Not them
Chinese knock offs - they will make you loose a client. Plus good
lighting kits build your confidence and the confidence the client
will have in you.
41. Dogoodwork What makes you different from all the other
photographers?
42. ShootingFile
43. Processyourpics Never give the client RAW files unless
asked for... process the images instead. Get rid of the purple
fringing, chromatic abrettion, sharpness (do not over do this),
distortion, crop, add basic contrast and save as uncompressed
TIFF.
44. Getaprofessionalretoucher Based on the campaign needs of
your client, offer professional retouching services. This the most
critical aspect of modern advertising photography.