pricing and commercial photography

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  • 1. Commmercial PhotographyandPricing OmondiAbudho
  • 2. WhatisCommercial photography?
  • 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
  • 13. Takeout? Protectyourworkby registeringforcopyright.
  • 14. Copyright RegistrationGuide
  • 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