Hi all,

Your help would be much appreciated!

I am commissioning a photographer to shoot photos for me to go in my unpublished book. Do we agree on an amount I would pay to buy copyrights from him before it's published? Or is it worth waiting until book is published (bearing in mind could be a year or 2) to then discuss how much to buy copyrights for?

Thanks for your help in advance!

I would do it as soon as possible, as part of the general agreement to take the photographs in the first place: what if he says 'no' once it's published? You wouldn't be able to use them except by negotiating each time, which would be a nightmare. The easiest and most expensive option would be for you to buy the copyright outright, and him to lose all rights and control over them. But you needn't buy the copyright outright: there's still the possibility of him licensing them to you not only for the book, but for an explicit set of other purposes - marketing and publicity and any other ways you personally want to use them, but not being published as greetings cards, say...

The Society of Authors can advise: http://www.societyofauthors.org/index.html

Emma

Hi Emma,

Thanks so much for your reply.

It's so difficult as I'm on such a limited budget at the moment that I really can't afford to buy the rights from him now. He said he is more than willing to sign an agreement from me now to say he will not use the pictures. But I am wondering whether I should put in there somethinbg like "I agree to sell the copyright at point of pictures being published at an agreed negotiated one off payment" Or something along those lines. Such a minefield, want to do the right thing. Thank you for that address you kindly gave me. Do you know whether I have to be a member to ask for advice?

Thanks again.

Well there's nothing stopping you writing into the agreement now that he agrees to sell you the copyrights on publication, for £X00 or whatever, payable on publication or whatever date you agree, just as a publishing contract agrees to pay you part of the advance now, and part on publication of the paperback, and so on.

Not sure how much advice they'll give you if you're not a member - no reason you shouldn't ring them and find out - but they do have good booklets on all sorts of things, which are free if you're a member but a few pounds if you're not.

Emma

That's great and definitely given me fod for thought thank you.

He seems very pleasant and professional so I can't see there being a problem with being able to negotiate something.

Thanks again for all your help, really steered me in the right direction!

As well as buying copyright, there is also the possibility of buying exclusive rights for a limited time period. So you could have a contract giving you exclusive rights to the photos for, say, five years, after which the photographer is free to sell them elsewhere. He would not, of course, be able to sell first publication rights as you'd have used them up.

As money is currently tight it's worth also agreeing a time release of payments, much as publishers agree with writers. X amount on signing of contract, another sum on receipt of advance from the publishers, then the residue on publication - or something like that.

Yes, I was thinking of limited rights in terms of what you used the photos for, but you're quite right, limiting rights by time would be another way.

I think there's an Association of Professional Photographs (you could try googling) which might have model contracts, or at least some advice, and there's also the Royal Photographic Society, who should have links on their site if nothing else.

Emma