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Definition of Image
Leasing Rights
One-time rights: These photos are "leased"
on a one-time basis; one fee is paid for one use.
First rights: This is generally the same as purchase of
one-time fights, though the photo buyer is paying a bit more
for the privilege of being the first to use the image. He may
use it only once unless other rights are negotiated.
Serial rights: The photographer has sold the right to
use the photo in a periodical. It shouldn't be confused with
using the photo in "instalments." Most magazines will
want to be sure the photo won't be running in a competing publication.
Exclusive rights: Exclusive rights guarantee the buyer's
exclusive right to use the photo in a particular market or for
a particular product.
Non Exclusive Rights: Images "leased" with Non-exclusive
rights allow the copyright owner to negotiate additional sales
of this image to other interested buyers.
Electronic rights: These rights allow a buyer to place
your work on electronic media, such as CD-ROMS or online services.
Often these rights are requested with print rights.
Promotion rights: Such rights allow a publisher to use
the photographer's photo for promotion of a publication in which
the photo appeared. The photographer should be paid for promotional
use in addition to the rights first sold to reproduce the image.
All rights: This involves selling or assigning all rights
to a photo for a specified period of time.
Work for hire: See below for detailed definition.
DEFINITION OF WORK FOR HIRE
Under the Copyright Act of
1976, section 10I, a "work for hire" is defined as:
1: 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 work*
. as part of a motion picture or audio-visual work*
. as a translation '
. as a supplementary work*
. as a compilation
. as an instructional text
. as a test
. as answer material for a test
. or as an atlas
. . . if the parties expressly agree in a written instrument
signed by them that the work shall
be considered a work made for hire. "
NOTE : The asterisk (*) denotes
categories within the Copyright Law which apply to photography.
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