Copyright Information

It is crucial that every photo buyer understands the different types of copyright laws.

You can get more information by contacting the Copyright Office at (202)707-3000 or check out their website at http://lcweb.loc.gov/copyright for forms and answers to many questions.

First of all copyrights is a moral issue. Stealing someone else’s work is immoral. If you use one of my images illegally you can be held accountable (including attorney fees, statutory damages, etc).

There is one commonly found major misunderstanding about copyrights. Many people don’t know that once you create a photo it becomes yours. You or your heirs own the copyright for the duration of your lifetime plus seventy years. (there are exceptions, if you are under assignment, etc).

Another way to protect your copyright is to mark each picture with a copyright notice. This informs everyone you own the copyright and negates the legal “innocent infringement”, or “I-didn’t-know” argument.

The copyright notice basically consists of three elements: the symbol, the year of first publication and the copyright holder’s name. Example ‘c. 2006 Nitro Imagery, Joan Gunn’ . The addition of “All rights reserved” is used in other parts of the world.

KNOWING THE TYPE OF RIGHTS

If you are approved to use Nitro Imagery photos on your computer you must guarantee that the images will be removed from computer files once the work appears in print. If digital manipulation is desired, you must spell out in writing to Nitro Imagery what you intend to do with it.

Again, it is very important that every photo buyer understands the different types of copyright laws. The following information should help you to understand the different type of rights that are negotiable:

One-time rights-- These photos are “leased” on a one time basis; one fee is paid for one use.

First rights-- Similar to one-time rights, but the buyer is paying for the privilege of being the first to use the image. The image may be used only once unless other right are negotiated.

Serial rights—the right to use the photo in a periodical. This protects the user from having the photo used by competing publications at the same time.

Exclusive rights—this guarantees the buyer exclusive rights to use the photo in his particular market or for a particular product. A company, for example, may purchase these rights to an image with the stipulation that it not be sold to a competing company for a certain time period. The photographer may retain rights to sell the image to other markets.

Electronic rights—these rights allow a buyer to place work on electronic media, such as CD-ROMS or websites. Often these rights are requested with print rights.

Promotion rights—in brief, this allows a publisher to use a photo for promotion of a publication in which the photo appeared. There is usually a promotional use fee in addition to the rights first sold to reproduce the image.

Work for hire—under the copyright act of 1976 a “work for hire” is defined as “(1) a work prepared by an employee within the scope of his or her employment; or (2) a work…specially ordered or commissioned for use as a contribution to a collective, as part of a motion picture or audiovisual work or as a supplementary work… if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.”

Allrights—this involves selling or assigning all rights to a photo for a specified period of time. This differs from work for hire, which always means the photographer permanently surrenders all rights to a photo and any claims to royalties or other future compensation. Terms for all rights, including time period of usage and compensation, should only be negotiated and confirmed in a written agreement with the client.

It is understandable that a client not to want a photo to appear in a competitors ad. First-class negotiations usually can result in an agreement between the photographer and the client that says the image(s) will not be sold to a competitor, but could be sold to other industries, possibly offering regional exclusivity for a stated time period.

Nitro Imagery charges different prices for different usages.

Thank you for your interest in this matter.

We look forward to doing business with everyone who loves motorsports and photography!