Expert: Tricia Scott-Sahler - 4/8/2011

Question
Hi Tricia,
Apparently I asked too many follow-up questions and Allexperts wants me to write a new thread.

I promise to stop after this question!

Here's what you wrote in your last response:
Answer:  yes, you should specify time and use, email it to him and have him sign it and send back before you send the file.  APAnational.org has great info, as well as your local ASMP.  Not sure what state you are in.


Job Description:
One existing photograph of blah blah for use by xxx company.

Usage License:
One photograph of xxx for use by xxx company for use in a web banner for xxx client. One year internet banner use on the xxx website only. All other rights reserved. Rights are not granted until invoice is paid in full.

Fees
Stock Usage : xxx

Estimate must be signed by licensor:
______________________ ________

The web developer seems to think it's standard practice to let him use the image for "forever." I don't anticipate using it for anything or selling it to anynone else, so I don't have a problem with that. But, I would like to be able to keep copies of my own photos without having to worry about being sued(unlikely, but still possible).

What would you say to him if you were me?

Answer
It is not industry practice to use use the image "forever".  It is definitely done, but traditionally they pay more for that.  But it's up to you.  Even if you license it to him for unlimited time on the web banner (this is what you would say), you still own the copyright, and you can keep them and display them for your own personal use as long as you like.  And you should stipulate this in your paperwork, just so it is clear.

Good luck!