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RE: [GWL]: Digest for Gardenwriters@topica.com, issue 274


>
> Although this isn't a question about garden writing, 
> there are enough photographers, or combination 
> writer/photographers on this list that I am hoping to 
> clarify a question about photography rights. I 
> recently sold calendar rights to an image for a 2003 
> calendar. Now, a magazine editor is interested in 
> running a feature on this garden. I have similar 
> images to the calendar shot that are slightly 
> different, but not substantially so. Ethically, can I 
> include these shots in my submission to the magazine? 
> I appreciate any insight you can provide. Thanks! 


>
> A studio just sent me some photos of watercolors of grapes, which were 
> so appealing to me I really think they could be excellent calendar
material. 
> I'd like to get together with the artist and produce a calendar, with me 
> writing daily or weekly items on grape culture through the year. However, 
> I've never done a calendar before and don't know who to approach with a 
> proposal. If anyone wants to see the pictures, go to 
> <http://www.mdavisfineart.com/>http://www.mdavisfineart.com Only 8 of the
> grape pictures are on the site, 
> but the artist says she has many other pictures related to grapes. 
> Comments? Possible publishers to approach? 


I joined these two topics together because they're so closely related to
what I
do. 

In the UK (and I think also the US) the Rights of separate, but similar,
photographs, works of art, creative material, etc., are individual to each
work
so a publisher would not have a Right on pictures other than those which they
have agreed and contracted for. This presumes that the other photos (for
example) are not absolutely identical and are clearly different albeit of the
same subject. 

I agree with Saxon on this but, as  matter of courtesy, I would have a word
with the first publisher so that they will not feel that you are double
dealing
them (although you won't have any intention of doing so but they may be
sensitive unless you show them that you are considering their position). You
may be surprised at how cooperative they can be if they are not competing for
the same market.

In the UK we have several directories listing markets, publishers, calendar
printers, etc., etc., which list hundreds of potential markets for almost any
kind of remotely creative work. I've also found that a trip to the libraries,
stationers and newsagents (I think you probably call them news stands in the
US) and finding similar books, calendars and magazines to those that I was
considering has been very rewarding in stimulating additional markets for the
same material treated in a different manner (very cost effective {:~} ), Often
they have stimulated additional very different market ideas from my original
thoughts (I don't get the same kind of stimulus from scanning through the
directories alone, somehow the tangible quality of actual products works much
better.). I note the names of the publishers and addresses and make contact
usually by telephone in the first instance.

>From experience I've found that provided I have a good product idea and I'm
also reasonable in my approach they have always been cooperative. If it is a
secondary sale of the same or similar material it helps if you can mention
that
you expect (hope) to include added benefits for them, say a mention in the
article about the garden being the subject of a calendar soon to be on sale.
I've never been turned away or rejected out of hand for suggesting an idea,
occasionally they may need extra persuasion. They may suggest some slight
differences in approach or treatment but they are usually cooperative and
grateful for their interests being considered.






Cheers

If you're interested in Organic Growing, why not visit
<http://www.erutan.clara.co.uk/><www.erutan.clara.co.uk>? 

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