URGENT: Need advice on Rights to a Photograph taken from a commercial establishment

[l2oBiN]

I am in the talks with a Sales and Marketing co-ordinator of a hotel in regards to taking a photograph from one of their balconies. He stated that he is ok for me to come and take the photograph from one of their balconies. However, in the latest email he stated

"...Also I just want you to know that, we want to have the right to use this picture and a standard form must be filled in...".

I presume the "...standard form must be filled in..." would be more for insurance reasons, however I am not quite sure what he means by that and how I should address the "..rights to use this picture.." statement.

I plan to display and potentially sell the taken photograph on websites/galleries/magazines/storefronts&cafes. I would be happy for the hotel to display the photograph in their lobby or on their website as long as they clearly acknowledge my name on the photograph. I would not like them to sell the photograph unless we come to an agreement.

How can I appropriately address this?

[Bob Salomon]

I think they want a model release for anyone recognizible in the images and that they have been paid for the use of their photos.

[kerne]

At least in this state, on private property owners have the right to set the terms. On public property, we're free to photograph anything visible and do with it what we like.

Review their "contract" and if you don't like it and can't convince them to modify it, find a different location.

[Michael E]

I plan to display and potentially sell the taken photograph on websites/galleries/magazines/storefronts&cafes. I would be happy for the hotel to display the photograph in their lobby or on their website as long as they clearly acknowledge my name on the photograph. I would not like them to sell the photograph unless we come to an agreement.

How can I appropriately address this?

The above paragraph is a good start. You clearly state what your intentions are and the extent of rights you are willing to licence in exchange. Communicate with the person in charge and put a clear agreement in writing. As to their form - there are many kinds of "standard" forms. Read it. But read it before you travel there to take the picture.

Michael

[Greg Miller]

You need to have them clarify, in writing, what usage they intend. Only then can you, or your attorney, decide if that usage is acceptable to you.

You also need to see and review the "form" that is mentioned. It could be a hold harmless form (stating you will not sue them if you fall off the balcony), or any number of other possibilities. It could be a rights grab where they claim copyright ownership of photos that you create.

Bottom line is you need them to be more precise in what they are requesting. You shouldn't agree to anything that is not crystal clear. Once you understand clearly what they are asking for, then you can negotiate.

[l2oBiN]

Very helpful comments. Thank you. I think I will ask them for the exact terms, but I would also like to formulate my own terms/rights of use form. Would anyone be able to send me an example of such a form so that I could use it as a template to formulate my own?

[Frank Petronio]

Check with the professional photographer's organization for your country and laws.

[BrianShaw]

The one time I encountered such a request the prospective host had no real idea about what possible usage or "standard forms they needd filling in". As others have said... clarify with them their notion of future usage and terms.

In my case it was a church who really had no idea what they wanted, what they were entitled to, or what standard forms needed filling in. All they wanted was to get something in exchange for being nice.

You seem to have a clear notion of what you intend and what you will allow. You have a very intelligent position to speak from already. Clarify the details so they too have an intelligent understanding htat they will be willing to honor.

[Scott Knowles]

I don't understand. You want to take a photograph from a hotel balcony and sell the image(s)? Will any of the images have any visible part of the hotel on the images? I ask this because if not, then what's the difference of anyone taking a photograph from a hotel balcony when paying for the room? Why not just get the room you want for the night and take all photographs you want?

Granted I'm likely missing something, but taking a photograph from a hotel balcony doesn't seem to be an issue except if you don't want to pay for the room. If that's the case, then the hotel all the rights to determine your work in the hotel and use of the image, but why not just get the room and take the photographs?

[Steve Smith]

I was going to suggest much the same as Scott... Unless we are missing something, without knowing the subject of the photograph it is difficult to tell. Will any of the hotel's property be in view?


Steve.