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who gets paid for photos


Lon very thoughtfully asked:

On/in my new book, several of the photos of me came from a friend who is
a newspaper photographer. He got paid by the publisher for using the photos
in the book, but I am wondering if he should get paid for other uses. That
is, articles have been written about the book that use some of the pictures
of me in them. However, my friend has never been paid for those uses.
Should he be, or was that covered by the fact that they were used for
publicizing the book?
-Lon Rombough

Lon -

Every use of your friend's photo is a transaction involving the use of his intellectual property, which has value. The short answer is he should be paid for each usage, and the amount depends on the readership, circulation, size, and other factors.

In the real world the answer is of course more complex. Was there a contract between the photographer and the publisher of the book? If so, it may have included the uses you describe, with no extra payment, as publicity uses for the book. This is not uncommon. Also, these uses are not generally big paying uses, although to your friend a few hundred dollars might be handy to have. Another difference is whether the articles appear in the Podunk Weekly tribune, or Time magazine.

Hope this helps.

Rich Pomerantz




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