Forums > General Industry > My work is going to be used in a magazine...

Photographer

MichaelO Digital Artist

Posts: 101

Clovis, California, US

My artwork was chosen to be featured in a local magazine and I have to hand over the high res images to them but I don't want to do that without a contract. Does anyone have or know of a contract that covers this sort of thing?  I'm sure there's one for photography use, that would do just fine. 

I just want to ensure that my work is not redistributed or used outside of this magazine. Especially since it's digital art and that can so easily be reproduced by anyone in possession of the high res images.

Is it just me or does anyone else think it's strange that the magazine has never had an artist ask them to sign something???

Nov 23 06 03:20 am Link

Photographer

Vector 38

Posts: 8296

Austin, Texas, US

receipt of delivery.

like any other [legal] document, can indicate/reiterate, in writing, terms for delivery, use, etc.

be sure to have a responsible receiving party sign, and print their name underneath the signature if not legible, when you deliver the goods.

sign. date. all agree to the terms. something you no doubt already discussed with your client prior to this part of the deal.

g'luck.

F

Nov 23 06 03:24 am Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

I think it's wise to have a written contract that specifies usage.  Whether the magazine wants to do that or not is another matter.

Come to think of it, I don't recall ever having one for any magazine that has published my pictures.  I sent them pictures and an invoice, they sent me money and a tearsheet.  Usage was listed on the invoice, but they never signed it.

Nov 23 06 07:41 am Link

Photographer

Z_Photo

Posts: 7079

Huntsville, Alabama, US

i like to include a statement that the photo credit be included in the magazine. some don't do it.  you can look at an issue of the mag. for an idea of whether it can be done.  I have had some include it even if it was not their normal way of printing pix.

Nov 23 06 07:52 am Link

Photographer

MichaelO Digital Artist

Posts: 101

Clovis, California, US

FML-Photography wrote:
receipt of delivery.

like any other [legal] document, can indicate/reiterate, in writing, terms for delivery, use, etc.

be sure to have a responsible receiving party sign, and print their name underneath the signature if not legible, when you deliver the goods.

sign. date. all agree to the terms. something you no doubt already discussed with your client prior to this part of the deal.

g'luck.

F

I googled 'rereceipt of delivery' and I didn't really find anything I was looking for.  I may end up having to make my own contract but I find it fascinating that no one here uses anyhting like this.

Nov 23 06 03:09 pm Link

Photographer

Conchphotog

Posts: 658

Bath, England, United Kingdom

Business and Legal Forms for Photographers by Tad Crawford

This book has all the legal forms you will ever need and they come on a CD-Rom so you can edited them to your needs.

http://www.amazon.com/Business-Legal-Fo … F8&s=books

Nov 23 06 03:41 pm Link

Photographer

D. Brian Nelson

Posts: 5477

Rapid City, South Dakota, US

"Delivery document."  Try that.  That was used to specify how delivered original art would be handled and returned.  As digital files aren't going to be returned, that function is pretty much obsolete.

Since about 2002 all of my deliveries have been FTPed without a delivery doc, and I've never had a problem with any magazine, and only minor problems with book publishers.  If the mag you're talking about is reputable, it's unlikely you'll need anything like that. 

-Don

Nov 23 06 09:37 pm Link