Licensing Photography (Edited and updated version from Nov 2014, All Creative Spaces blog)
I have been researching this mysterious medium of licensing lately. Ever since I took my trip out to the coast and was inspired to shoot all of those images of cairns (stacking rocks) I could see a use for them in media production.
The best book I read on the subject is "Licensing Photography" by Richard Weisgrau and Victor S. Perlman. Although published in 2006, it seems up to date with current trends.
I am no expert on this vast subject, but I feel I have come to a better understanding of where I am heading in regard to licensing my images.
I am also fortunate to be back on Fine Art America where they now offer licensing, although one can easily get lost in a sea of doubt and questions in spite of their detailed explanations. You still have to research the going prices. At least they, like the book, have listed Getty Images and others as guides.
So far I have followed the books advice and registered on Getty for my research. You have to do this to see the actual prices. I had to learn the difference between Royalty Free (RF) and Rights Managed (RM) licensing. I am choosing RM for now as it seems to give me more control of how the images will be used.
Unfortunately, when I went to apply the books' guidelines to my Fine Art America's format I hit a snag. It's different, but with a little intelligent reasoning I think I have at least created a beginning format for myself.
Their actual licensing site is http://licensing.pixels.com , but the site layout looks just like Fine Art America, which is the mothership behind it. Their layout is terrific and user friendly for both the listing artist and the buyer - the latter being the important entity here.
The ground work you have to do is decide how you want to license your images and what to charge. The breakdowns are detailed and I have only scratched the surface so far. I basically just listed what I understood.
The time consuming work is researching images on Getty that are similar to your own and noting the prices there, as that seems to be the industry standard.
Why not just list on Getty? Because I understand the artist is only paid about 20% of the fee. Fine Art America is letting artists set the fee and they are marking up their percentage, just like they do with their print sales.
Licensed images are useful for a variety of products such as brochures, business cards, note cards, letterhead, you name it. Artists could collaborate in many ways.
Update: As of late 2015 I now have created my own licensing agreement based on a template. This is great news as I now have an Etsy Shop for instant downloads and the ability to license my images just gives me one more great sales outlet.
I will keep updating this article as I learn more.
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Simple Steps to Copyright (from Dec. 2014)
You're an artist and you're ready to copyright images of your work because you take your art seriously and are in business as an artist. In this post I have outlined a few simple steps to get you started, as well as a few tips and additional information at the end of the post.
Update: As of late 2015 I now have created my own licensing agreement based on a template. This is great news as I now have an Etsy Shop for instant downloads and the ability to license my images just gives me one more great sales outlet.
I will keep updating this article as I learn more.
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Simple Steps to Copyright (from Dec. 2014)
You're an artist and you're ready to copyright images of your work because you take your art seriously and are in business as an artist. In this post I have outlined a few simple steps to get you started, as well as a few tips and additional information at the end of the post.
You can find out almost anything you want to know on the www.copyright.gov/eco/ page, from acceptable file types to what can be copyrighted. I highly recommend visiting the site and reading over the FAQ's for more information than what I cover here.
My experience with copyright registration is as a fine art photographer, copyrighting collections of works, however, these steps can be useful to anyone who will photograph their finished work for copyright.
I highly recommend registering a collection for a one time fee of $55 as opposed to registering individual works of art at $55 each. That's kind of no-brainer, but there are stipulations to registering a collection which can be found on the FAQ page.
You can also find out more about the difference between published and unpublished works there.
OK, so we'll assume you've done all your final editing and now have a collection of final images. You have numbered them, backed up the files and created a folder for them.
I like to keep it easy and simple. I number the images chronologically, and if I have converted any to black and white or am keeping additional cropped images, I just add a letter to the number. In other words, if the original file is number 100, the cropped file is 100C and the black and white file is 100A.
I name the folder (collection) with a date; Coastal Trip 2014, which will also be the name I give the collection when registering my copyright.
Now you'll create a zip file. If you have never done this before, download something free like WinZip and it will walk you through the process. This is the recommended file type that the copyright site prefers for a collection. It compresses the images and takes less time to upload.
As an added note about backing up your data, I back up all of my images this way; I keep the RAW originals on the SD card, save a copy of the TIFF's on a CD and a flash drive, as well as my external hard drive. I try to keep at least two of these some place other than my home, like a safety deposit box.
I prefer to register my collection before I ever publish one image. Publishing basically means going public; uploading to the internet, on a blog, offering an image for sale, etc. I heard a lawyer say that it could be more difficult to win a suite of infringement on an image that was copyrighted after it was published.
Now you are ready to copyright your unpublished work. Go to www.copyright.gov and click on the box that says Register a Copyright.
You will need to create an account. Once you have an account you can sign in at any time and check the process of your registration or register new works.
I highly recommend downloading or printing out the eCO Tutorial PDF, it will give you great guidance through the process.
Back on the eCO site, follow the instructions and carefully read all of the choices you have. You can go back and make changes, or save your work and finish later (note however, that your work is not registered until you have completed the process). The whole process could take up to a half hour or more, so plan on it.
You will pay for your registration before you upload your work, this is explained in the Tutorial. Just follow the instructions and you'll be fine. Be sure and print out a copy of your receipt (this expense is a tax deduction by the way). Also be sure and wait for the upload to complete, this could take up to 15 minutes.
Application processing times are lengthy, up to 8 months, but your copyright is effective as of the date of online registration. So, you do not need to wait for your certificate before publishing your work. For mail in processing I believe it is when they receive your completed submission.
Congratulations! Your collection is now copyrighted!
Always use caution when putting your images online. Most of the time you can watermark your images (by adding text such as copyright 2014 Jeni Gray Photography).
Copyright is just good business. It's not that we're all paranoid about having our images stolen, but it happens and registering for copyright is like getting insurance.
Now you can go on about your creativity. However, if you have had a bad experience, or just want to take it a step further, there is a wonderful new site called www.pixsy.com where you can ask to be invited for their Beta program. I am registered there and find it fairly easy to use.
After you are a member and they have your information, their search engines seek out your images online - globally. You can run through the findings and search for unauthorized users.
The great thing about Pixsy is that they work for us, if we need to file a suite they only charge "a fair success fee for all revenue" they collect on our behalf.
I've added a few more sections here from the Copyright site that answer some common questions. I have quoted the Copyright Office and italicized the sections.
Often asked: There is a statement that your art is automatically copyrighted when it is created. This can lead to the misconception that you are also protected. The following paragraph from the copyright site should help you understand why it is important to register.
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works."
Also:
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."
And for the international conundrum:
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States."
So there is an easy outline to get you started on your way to copyrighting your art! Please feel free to leave any additional questions in the comments that you haven't found on their site, or don't completely understand.
Best of luck in your Art Business!
