Licensing, and The Value of Copyright
You Hold Your Future In Your Hands.
The APA does NOT advise that photographers respond to the wavering economy and evolving marketplace by selling or giving away their copyrights. Your ownership of these rights, together with your clients’ acceptance of your right to such ownership will determine your future ability to make a living in this industry.
Clients are not your adversaries. But they aren't your business partners, either. A client's central motivation is to generate profit for the client's business. Your motivation is to generate profit for your business. If both parties treat each other with respect and recognize the value that each brings to the table, those motivations are not mutually exclusive. Both photographer and client can receive equitable benefit from a transaction, with neither taking advantage of the other.
The APA recognizes and respects the right of each photographer to make independent business decisions. But in making decisions regarding the sale of copyright, photographers should consider that each transaction either sets or reinforces a precedent. The cumulative effect of thousands of photographers’ transactions with thousands of clients shapes our clients' perspective on copyright and the value of photography --- and with it, the future of our industry.
Some photographers routinely transfer copyright ownership to their clients. As a direct result, many clients have come to believe that they need to own the copyright to all photographs, from all photographers, and that in paying for a photographer’s time and expenses, they have the right to own the resulting photographs outright. In reality, they have no such need, and no such right.
The business practices of these photographers, if continued, will lead to the standardization of copyright transfer in our industry. These practices have the very real potential to negate all of the work that photographers and their trade organizations have done for decades to move towards the licensing model -- a business model that provides a window of opportunity for photographers at all levels to make a decent living and secure a financial future for themselves and their families.
Most photographers will never face a situation where the sale of a copyright to an image is necessary to win an assignment or to complete a transaction. There is almost always a mutually acceptable alternative to a copyright transfer. The APA suggests that photographers consider other, far less self-destructive paths to financial stability and success. Carefully analyze and control your business overhead. Diversify your business. Rethink your marketing strategies. Hone your negotiating skills. License limited reproduction rights to your images, and maintain ownership of your copyrights.
Photographers should consider selling their copyrights under only the most extreme circumstances, and then, only after having exhausted all other possible alternatives, and then, only in exchange for a very, very large sum – regardless of the nature of the photograph in question.
To learn an effective response to a client request for copyright transfer, Cick Here.
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Note: At the conclusion of this document you may request a free printable PDF of the entire position paper, and register to receive free updates and advisories from the APA on copyright, licensing, and business practices. Licensing & The Value of Copyright. An APA Position Paper.
Author: Jeff Sedlik, past President, APA
© 2003 May be printed or copied for personal reference only.
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