A photo of mine was used for an album cover
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Someone dropped me a note on my SmugMug account saying that they liked a particular photograph I’d posted and that they would like to use it as “cover art”. The guy had already put 2 collections of electronic “chill” music out on Itunes and was putting another one together.
I told him I was flattered and didn’t mind him using the photo and never thought about it again. That was many months ago and I heard back from the guy saying that he did in fact get the project together and that it was up on ITunes. He gave me a link and sure enough, there’s a photo I took on the front deck of my house on ITunes (and Amazon).
I didn’t ask for any compensation, since I’d published the photo without claiming any copyright and because it’s just a hobby for me at this point. But seeing a shot I took used in a completely different context is still pretty cool to me. Here’s the links just FYI… I don’t get anything if you buy these so please don’t assume it’s a pitch or anything. I’m just posting them for grins since I didn’t think my artwork would ever appear on either site.
ITunes version
Amazon version
That’s completely awesome–but it’s time you start claiming your work so that next time, you’re compensated!! But isn’t it nice to see out there? Did you at least get the photo credit on the album sleeve? (err; CD jacket).
I didn’t ask for any compensation, since I’d published the photo without claiming any copyright and because it’s just a hobby for me at this point.
Irrelevant. Copyright exists from the moment of creation until explicitly granted to someone else.
That is truly excellent and congrats, I know how cool it is when someone uses your work in a larger context! As caradoc said Copyright is established upon creation of a work, while you can file your Copyright with the appropriate government agencies as additional protection, you do not need to do anything special.
As just a word of advice to anyone and everyone, when someone asks to use your work whether it’s a friend and you do it for free or someone wants to pay you for it, always write up a release detailing the exact right you are will to give away regarding this image and this person. Here is a template you can use http://office.microsoft.com/en-us/templates/photographer-s-image-use-release-form-TC006087055.aspx simply customize the information and sign it, send it along with the image. It protects everyone involved.
For example, this is a small record label but what if this album were picked up by a larger label for wider distribution? The big label should renegotiate the rights use to the cover art with you and if you had a release over this image and they don’t they would owe you rather a lot of money. Having a specific release for any image used like this insures everyone is protected.
That’s really cool, Choc – congrats! The image seems to fit the title really well, also. I’d probably have done exactly what you did, but I think ennui‘s got a good point; open-ended agreements are rarely a good idea.
BTW, ennui, that link goes to a model release form for being photographed/recorded as opposed to a media usage rights form.
Ennui that’s a model release. What Choc needs is a copyright release like this http://www.free-legal-document.com/assignment-of-copyright.html
or this: http://robert-harrington.com/license.htm
Or like can be found here: http://www.photoshelter.com/support/license
Unless it’s a digital only album, the company that prints the CD jackets usually requires a release for photos or artwork.
And good jorb! I have had a few of my photos used on CD jackets and liners.
I would hit him up for a copy of the album too.
Crap, I grabbed the wrong link from my Big Pile o’ Bookmarks! Thanks!
I appreciate the “congrats”, the ideas on how to handle this the next time AND the templates to make it easier.
There’s been a lot of stupid real life things to deal with (nothing horrible just annoying) that getting this news (and your feedback) was a pleasant diversion from the day to day.
Good for you, CFA! Nice photo that evokes a “chillin” vibe.
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