Photograph copyright?

[Bonnie Campbell]

Does anybody know the basic law on photo copyrighting? Here's why I'm asking.... Long story, sorry.

Yesterday my daughter was driving to work (with her window a quarter of the way down) when she heard a 'thump' sound. She pulled over to see what it could be since she was close to home, and a good ways from work (just in case). She got out and checked the outside and couldn't see anything. So she went to get back in the car and there was a baby owl sitting on the floor in back. Apparently it flew in the open window missing hitting my daughter somehow. So she drove back home. The owl was groggily coming to. She had her husband call work to tell them she'd be late due to an owl flying into her car. (I sure couldn't of kept a straight face telling them that!) They took pictures of the owl in the car and then of it sitting on a fence after it finally flew out. She knew she needed proof of it being in the car.

Well, today she gets a call from a newspaper that wants to do an article about it. Then the woman asks if she will sell the paper the pictures. That part I don't understand, why do they want to buy the pictures? I told my daughter (PLEASE correct me if I'm wrong) that if they buy the pictures they no longer are 'hers' to give out to friends or family. I told her she could agree to sign a paper allowing them to use one, but don't sell them.

Am I wrong?

[Rob Russell]

Seems to me that your daughter could try selling the paper the right to publish the picture but retain the original copyright if she still wants to be able to give out copies of the picture.

[Cecil Arnold]

Pretty much what Rob said. You want to sell a one time right to the picture. That allows the paper to use it one time. You'll get less $$ for that but retain rights. Get your agreement in writing if there is $$ involved.

[John Schreiber]

The paper will have a standard form for that purpose. They might be willing to pay a little more for exclusive ownership of the pictures, but they will probably allow your daughter non-commercial use if she asks. Just make sure the form allows for it.

[Jon Lanier]

This is the web site of the Library of Congress US Copyright Office:
http://lcweb.loc.gov/copyright/
The 4 exclusive rights granted for visual art can be found under the link "Copyright Basics".

Another good page that on that site is helpful for answering some common questions.
http://www.loc.gov/copyright/faq.html
Many other questions can be answered on the following site:
http://www.nolo.com/resource.cfm/cat...F7513/310/276/ (http://www.nolo.com/resource.cfm/catID/DAE53B68-7BF5-455A-BC9F3D9C9C1F7513/310/276/)
This site is less technical and easier to understand than the legal jargon found on the Official copyright office Site. Check out the link "When Copying Is Ok"

These two sites dispel many common misconceptions about copyrights.
http://www.templetons.com/brad/copymyths.html
http://www.copylaw.com/new_articles/copy_myths.html

[Bonnie Campbell]

Thanks for all the help! I sent her the opinions and links to check out. I'll find out later this morning what went on.

It just had me thrown because I never heard of a paper offering to buy the pictures. I had a story done up on me before, with a picture I took and nothing was mentioned about 'buying'.

Anyway, thank you all for the assistance! :)

[Joe Pelonio]

People used to be much more willing to let the papers use their pictures,
just for the fun of having their picture seen by everyone. Lately everything comes with a price, so the paper probably assumed she wouldn't give it up withour some kind of compensation.

The other thing about buying it for exclusive use is that cometitor papers, news bureaus and news web sites won't have it unless they buy it from the paper so they will have ongoing income from it.

[David G Baker]

Bonnie,
The media frequently buys photos and video if they think the subject matter is of interest to the public.
An example of the media buying images from the public is the video of the Rodney King beating. Someone made a fortune on the video. They were paid for every time the video aired. I worked for an ABC owned and operated station during the time the video was shot, the station aired the video on every news show and on every news tease for weeks. It reached a point where the station was ordered to not run the video without special permission from upper management because of the enormous cost of the frequent use.

[Bonnie Campbell]

I told my daughter that it's a cute story, but I didn't think she should sell the pictures. Just sign a release and let them use one. Her 15 minutes of fame is more than enough compensation in my opinion. I don't go along with the 'gotta get my buck' out of everything in life. I do understand wanting to make some money, but I don't really think this is some earth shattering story.....