skip to main content

ProPhotographers Reproduction rights

19 years ago

I have a question specifically for Professional Photographers, other opinions are of course welcome as well.

My question pertains to reproduction rights.

Lets say someone commissions you to take pictures of Local historical sites. The commissioner is an individual that has a special interest in these sites. This commissioner openly admits that their goal of the commission is to make note cards with these pictures and (through a non-profit organization) sell them in order to help preserve and save these historical sites. The commissioner purchases the originals from you and even orders the note cards through you. Do you as the original "artist" have any rights to reproduce the art and sell them for profit? Order your own note cards and sell them too?

What if the media was not photography- what if it was pen and ink drawings?

I am curious because my mom commissioned some original drawings of local covered bridges and ordered thousands of note cards through the artist and sold them through a non-profit she organized in order to preserve and repair these bridges. Come to find out the artist is selling full size prints of the works as well as sets of the note cards for less than what the organization is selling them for. Is this legal? in your opinion of course, is it moral as an artist?

Thank you for your thoughts and opinions!

bluejean in ohio

Sort by:Oldest

Comments (4)

buellwinkle
19 years ago
I think he's well within his rights unless he turned over exclusive rights to the photos/drawings in writing to your mom or was employed by your mother and signed a property rights non-disclosure. Wether it was the right thing to do is another story.
bluejean
Original Author
19 years ago
I figured as much, thank you for your thoughts!

bluejean in ohio
Related Discussions
Question about Monarch reproduction
Q
Comments (2)
Terrene, interesting question! If I remember correctly I think the answer is yes, and I also think the butterflies are potentially less healthy if they do. I'll let a resident expert chime in on that though. From what I've witnessed in my years raising monarchs is that they are generally gone from the area within a day. However, last year from the end of July until mid september we had monarchs living in our yard. I saw mating, wild chases around the house, and 3 monarchs even died in our yard. How come? Two words: Liatris Ligulistylis
...See More
Excellent YouTube Video on Conifer Reproduction...
Q
Comments (4)
Excellent animation. Wish I'd had that when I was teaching it.
...See More
Asexual reproduction prohibited?
Q
Comments (14)
Actually, it is quite the opposite! Being assured that one's creative efforts in the breeding of new and different plant varieties will be financially compensated by a temporary patent tends to encourage creativity and innovation. Under a patent, one can be assured that their life's work is not going to be dispersed to the general public free of charge or with zero monetary reward to the creator/breeder/hybridizer. Was it really necessary to come back 15 years later to make this rather specious comment?
...See More
Reproductions?
Q
Comments (1)
Pie birds for sure.....I have seen cartons of dozens of them at places that specialize in repros. Wall pockets have been made like forever.....and still today. That's a little like saying you saw a lot of tea pots......but perhaps they did intend to plam them off as old, Fire king has been repro-ed as have head vases. But.....a repro is something that is made just like an old item......some of these things are just being made new because there is a demand. The name of the game is.....study.....feel ....touch....and know what the old marks look like. And if it's too cheap....look to see why! I saw some wonderful repro roseville a bit ago....Looked great....but the price was "affordable". I picked it up.....and as soon as I touched it, I knew! Linda C
...See More
zitro_joe
19 years ago
Unless the "can/can't do" is stated in the contract nothing has been violated, because there is not a definiton of what belongs to who.

It really is bad business ethics in my opinion, but ethics are really just opinions anyways. THis is a case of "That really sucks."

I know someone in somewhat the same boat, wrote a blog about her bad incident and called the guy a few names and spread word about his sleazy pratices. She is be taken to court for slander/ defameing his reputation. Leagally he did nothing wrong.

Chalk this up as a Lesson Learned.

Joe
solstice98
19 years ago
Why not give a try at appealing to his human side?
Point out that you are disappointed because he certainly understood the intent of the commission, even if the contract didn't specify exclusive rights. Ask him to donate 10% of his sales of the bridge prints to your mother's fund. It's Christmas so he may get the Spirit and agree. It's worth a try.

And this could be a fun addition to the plan:
If you know a lawyer, bring one with you. If you don't know one well enough to ask, then have a friend put on his best suit and come with you - carrying a battered briefcase of course. When the photographer asks if he's your attorney, he can say "At this point, I'm just here as a friend." I wouldn't threaten legal action because it sounds as if you don't have any recourse from a legal standpoint. But a little implication can go a long ways.

Related Stories

KITCHEN DESIGN How to Find the Right Range for Your Kitchen

By KitchenLab Interiors

Range style is mostly a matter of personal taste. This full course of possibilities can help you find the right appliance to match yours

GARDENING GUIDES Pick the Right Plant Pot to Flatter Your Landscape

To play matchmaker for your container garden and its surroundings, you've got to know all the materials and pick the right style

WINDOW TREATMENTS How to Choose the Right Window Shades

By Becky Dietrich, Interior Designer

Should you roll with rollers or do as the Romans do? This mini guide to choosing window shades can help

WALL TREATMENTS Can't Find the Right Wallpaper? Make Your Own

For one-of-a-kind walls, just use your imagination. Custom wallpaper is easier and less expensive than you might expect

BATHROOM DESIGN Subway Tile Wainscoting Puts Bathrooms on the Right Track

By Rachel Grace

It repels water. It looks clean. It works with many architectural styles. Looks like bathrooms have a ticket to a no-brainer

FURNITURE Creative Collector: Spot a Vintage-Furniture Steal

By ACM Interiors

Finding vintage furniture is easy, but is the price right? Get the best chairs, tables and more for your money with these guidelines

LIGHTING Modern Icon: Serge Mouille Arm Lamps

By Becky Harris

Midcentury French design endures in sconce, chandelier and floor lamp styles that look right at home today

ART 10 Broad-Stroke Ideas for Choosing and Displaying Art

Conquer bare walls with these easy, unintimidating basics for picking meaningful artwork and hanging it right

BATHROOM DESIGN 5 Common Bathroom Design Mistakes to Avoid

By Dylan Chappell

Dodge blunders in toilet placement, shower type and more, and see examples of how to get your bathroom right

MOVING How to Avoid Paying Too Much for a House

By Christine Tusher

Use the power of comps to gauge a home’s affordability and submit the right bid

Sponsored