They Want My Negatives......

[Neal Shields]

I dealt with a photographer for years that had three generations working in the business, they went back over 50 years and owned their own building.

They had a climate controled fireproof vault, and a file system that never failed. If you gave them a catalogue number going back 20 years, you could have a same day print. I never knew them to lose or damage a negative. My negatives were way safer with them then they would have been with me.

I also knew that if I needed a print 10 years later the price of that print would be the same for me as anyone else, no mater what the subject mater, or reason for the need.

They were also scrupulously honest about rights. Essentially, they owned the physical negative, and you owned the rights the photograph.

I tried time after time to encourage them to publish a book of historical photographs of our city. They would not, because they said that the images belonged to their customers.

Several years ago they went out of business. In their case they arranged with a local university to take over the collection of negatives, and customers can still get a print. However, in most cases where photo business disappears, I suspect that the chances of getting a print from a customer?s negative is remote.

How many photographers that insist on keeping control of the negative, are not exercising due diligence in terms of their care and preservation? How many are not even financially capable of insuring that that negative will be available 10, 20 or 30 years from now?

How many young photographers realize how much responsibility that they take on when they keep a negative?

In today?s modern world where you can leave your shirts at the cleaners on Wednesday, and go back on Saturday to pick them up, and the cleaners is gone, there may not be one standard formula for photographer, customer relationships.

[David Vickery]

Hello, The image is all that you really ever have. It does not matter what the image is on, if you give away or sell all rights to the image, then all you have is what you got for it. When a song or novel is composed, it is not the material that the stuff was originally written on that is copyrighted, it is the actual song or novel that is copyrighted. If you sell or give away all rights to your intellectual property make sure that it is of significant benefit to you (and the industry that you are in)to do so. I would like to suggest that Mr. Shields does not know what he is talking about except to the extend that we should take good care of the media that our copyrighted property exists on.

[dan nguyen]

I think that Mr Shields talked about archiving vs.copyright... whichi is not the same....

In my opinion, if for some reason the negs. are lost... then the interested party just hire a photographer again a redo the shot, if not then re-use the old one and pay accordingly...I can't imagine some one will give up the neg for cd cover and then see the same image on a nation-wide advertsising campaign...

[David Vickery]

"Essentially, they owned the physical negative, and you owned the rights the photograph."

[Dick Roadnight]

The customer is always right, but you do not have to accept their terms.

My client insists on keeping the negatives, for security reasons, as what I photograph is valuable, and they need very permanent records.

But they are not insisting on keeping all the negatives, and they are allowing me to scan the negs and use the picture for self-publicity, as long as I do not tell anybody where the treasure is.

If a museum wants to publish pictures of works of art, you would not expect to acquire the copyright to sell images of millions of pounds worth of art for half a day's work, would you?

[Andy Eads]

Domenico, Get a copy of "The Legal Guide for the Visual Artist" by Tad Crawford. If my memory serves me, he also has written a book for photographers as well. It contains model contracts, negotiating points and case law. His book has helped me earn a fair price for my work. Andy

[Matthew Runde]

Domenico,

Another book that may help you is ASMP Professional Business Practices in Photography, by the American Society of Media Photographers.

Also, if you are going to keep the copyright but let them take care of the actual negatives, you may want to register the images with the copyright office where you are (if there is one). I don't have experience with this, but it's what I would check out.

[domenicco]

THANK YOU, EVERYBODY i appreciate your help . You just confirmed what i was feeling about the all situation.

[David Grandy]

The first rule of working with rock bands is to get the money up front. It's also the last rule. NO CREDIT!

As for giving them the negatives, why not? Would you refuse to shoot colour transparency film? They'd have the "negs" then wouldn't they? I just feel that you have to explore what the market would bear and then charge that. It's no good to make 2000% of nothing.