Joana,
As an architectural photographer, as well as an architect, everything stated thus far is generally correct. Photography, like architecture, has standard practices. However, also like architecture, if two parties agree to something its a contract. I have found that the photography industry varies on such things as use rights, sharing, and transferring of images to third parties (beyond the photographer and the client).
My agreements allow for the client to use the images, for whatever marketing purposes, rights free. I retain the copyright. Image transfer to, or sharing with, a third party is prohibited without knowledge of who the third party is and potentially obtaining compensation for the use. I control the transfer and I have a use agreement that accompanied the transfer, which prohibits the transfer to a fourth party. I have found out the hard way, however, that you still cannot totally control who can access and obtains the images. Once the article is published, or a press release is sent out by you or your client announcing the project, most likely the images will be available thru a Google search. Regardless of Google printing "copyright may apply" on the posting, the images will be available for anyone to grab.
The magazine seems to be going beyond confirming the copyright with the photographer and wants the right to transfer the images to a fourth party, with the magazine being compensated (sub-lease). I would not allow this to happen without first, knowing who the image is being transferred to and second, to have the ability to be compensated for that fourth party use. If the magazine wants to skip the "advise and consent" requirement, then I would look at the magazine's "contract" as a transfer of copyright, or shared copyright - something I would not agree to.
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Robert Schmid AIA
Principal
RCS AIRdesign
Denver CO
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Original Message:
Sent: 07-03-2017 10:56
From: Joana Jamo
Subject: Use of Project photos by 3rd Party Photographer
Hello all,
I am wondering what the general experience and norm have been with getting projects published. In particular, I am wondering about photo rights and flexibility to use photos of (your own project) photographed by a 3rd party photographer. I have a project which is in the process of getting published in a national magazine. I had previously engaged a professional photographer to photograph the project (with the intent of my using the photos for any type of related marketing purposes). The magazine is now preparing the article and will be using the photographs (by the professional photographer). The professional photographer has been sent a contract by the magazine which apparently cites the right of the magazine to use (short of giving away the coypright) the photographs for the article and also further to 90 days after, have the right to re-use and/or edit the photos for future uses and possibly sub-lease the photos for other uses. Is this the norm/ standard practice for publications when they use somebody else's photos?
Would it be reasonable for the 3rd party photographer to ask the magazine/publication to inform or obtain his/her prior approval before any other future use?
In your experience, what is the reasonable request when it comes to use of project photos for publications?
Thank you all in advance for your response. This has been an invaluable and supportive online community for small practitioners like us! Thank you all again!
Kind regards,
Joana Tan Jamo, AIA, NCARB
Licensed Architect (CT, Maine, NY)
J T J A R C H I T E C T S L L C
P. O. Box 1257
Woodbury | Connecticut 06798
(+1) 203.586.9843