What does "exclusive rights" mean?

6 years 3 months ago #558892 by Brenda Dantzig
I'm doing more in terms of freelance photography work this year and just came across publication that is requesting "exclusive perpetual rights" to my images they buy for a one time cost.

Is that normal to have exclusive rights?  I have a high level understanding of what this means, however if I do understand this, that means I can't resell the image again.  Which also means I might want to increase price tag of what I'm selling my images for.

Please give what ever input you can on this.  Thank you!

P.S.  Happy New Year!!  


Photo Comments
,
6 years 3 months ago #558895 by icepics
You're on the right track as far as what it means. Exclusive use means they would own the photo and they (and ONLY they) can use it from now on. Perpetual means you can never, ever use it again for any other purpose. They can use it how they want, as often as they want, and will be the ones from now on making money from using the photo.

That isn't a typical practice for a publication because for editorial use (such as published in a newspaper or magazine), a contract is usually for a specific time frame and specific purpose. What is this 'publication'? Is it online only? does it have writers, editors, a publisher or publishing company? If it's offering a contract to license usage and pay you, then maybe it's legit.
(If not, many websites are out there that present themselves as publications/magazines but are only websites done by one person, with possibly some tech staff, and 'user submitted' articles and photos that anybody can submit and the site uses for free.)

That exclusive practice is done more in commercial work, where the company could use the photo for years to come for a variety of purposes, such as in magazine ads, commercials, on their company website, etc. I took photos for a local team for marketing purposes, often of the arena sponsor signage, backlit signs, etc. I would not have had any other use for many of the photos (except maybe portfolio use); for example, a photo of a sponsor's trademarked logo on a sign, that's the type thing that could be exclusive (because I couldn't have used it for another company).

Get on pro photographers organization websites like PPA or asmp.org and learn how to license usage for commercial/business use. ASMP has done webinars; I have a couple of their books on business practices. It's going to be necessary to know this stuff so you don't get ripped off. Get informed so you can make solid choices and protect your work and get an appropriate value/payment for your work.

Sharon
Photo Comments
The following user(s) said Thank You: Scotty
,
6 years 3 months ago #558906 by Brenda Dantzig
WOW, thank you for the detailed response.  I'm so glad I posted this!   Great advice, I will gladly accept!  


Photo Comments
,
6 years 3 months ago #558912 by effron
" Exclusive use means they would own the photo and they (and ONLY they) can use it from now on. Perpetual means you can never, ever use it again for any other purpose. ".......

That's the fact.

Why so serious?
Photo Comments
,
6 years 3 months ago #558932 by garyrhook
What they said, above.

You'll need to price accordingly, so do your research.


Photo Comments
,

817.3K

241K

  • Facebook

    817,251 / Likes

  • Twitter

    241,000 / Followers

  • Google+

    1,620,816 / Followers

Latest Reviews

Nikon’s retro-looking Nikon Zfc is anything but retro. Under its classic body is a host of features and amenities that make it a worthwhile compact mirrorless camera for 2024.

Apr 15, 2024

The Canon EOS R50 is one of the newest R-system cameras from Canon. Is it worth your money? Find out all the details you need to know in this comprehensive review.

Apr 10, 2024

The Sony FE 70-200mm f/2.8 GM OSS II is Sony’s flagship mirrorless zoom lens. As such, it’s loaded with features and has a top-shelf build quality that makes it a top pick!

Mar 27, 2024

The Leica SL2-S is an attractive, premium mirrorless camera with photo and video specs that are sure to impress. And with the legendary Leica name, you know this camera exudes quality!

Mar 26, 2024

Forum Top Posters

Latest Articles

The Olympus OM-D E-M10 Mark IV is a micro four thirds camera released in 2020. It’s an entry-level system along with the OM-D E-M5 Mark III. Use this guide to determine which one is best for you!

Apr 17, 2024

Blue hour photography might not be as well known as golden hour photography, but it is every bit as good a time to create epic images of landscapes. Learn how in this quick tutorial!

Apr 17, 2024

Nikon’s retro-looking Nikon Zfc is anything but retro. Under its classic body is a host of features and amenities that make it a worthwhile compact mirrorless camera for 2024.

Apr 15, 2024

Moving from taking snapshots of your dog to creating beautiful images doesn’t have to be that difficult! Use the tips outlined in this dog photography guide, and you’ll get better results in no time.

Apr 15, 2024

Acrylic print photos are a beautiful way to display your favorite images. But they don’t come without some questions. Get all the answers you need about this medium in this guide!

Apr 15, 2024

Where do you get your landscape photography inspiration? Is it from masters like Ansel Adams? Or perhaps viewing art from other genres? We’ve got these and a few other sources for you to check out!

Apr 10, 2024

The Canon EOS R50 is one of the newest R-system cameras from Canon. Is it worth your money? Find out all the details you need to know in this comprehensive review.

Apr 10, 2024

Too often, affordable online printing companies don’t meet your expectations of what a print should look like. But there are some choices that combine affordability with superb quality!

Apr 09, 2024