MOTUnation.com

I've had my eye on a photo I'd like to use for a CD cover. It would also be the album cover on iTunes, etc. I'm contacting the photographer to see if I can work out an arrangement so I can use it legitimately. I know the model and she's fine with it, but I doubt she owns the rights and I don't want to get sued someday. I want to be fair with the photographer, and it's funny but when you're on this end of the deal, with a small budget, you are tempted to offer a credit on the back cover and liner notes, and even a URL first. If I have to come up with any *significant* amount of money, I'll have to just pass. He shot this years ago, the work is just sitting there and I'm certain he's made no income off of this image to date, and likely won't in the future if he and I can't come to an arrangement.

Is there ANY sort of guideline for this? We're talking an indy release that will probably only have an initial pressing of 1,000 units, and depending on a number of factors, it might never go beyond that. I hope it would, but I'm not unaware of the realities. If I face some difficulties, I may consider working out a license that would make him an additional payment should sales pass a certain threshold? I want to be fair, but if this is sort of "found money" for him, I'm hoping we can come to an agreement. Else, I will just have to get something else shot that I will have rights to.

$50 is 5¢ a pop. Not bad, actually. To that, add the promise that a second fee will be negotiated if your album was ever picked up for distribution by a third party. You don't think it could happen but what if it did?

Don't ask for the copyright; only a license for your distribution (including iTunes) and any marketing. It isn't unusual to have a clause entitling the photographer to another fee each time the album is distributed by another party.

When I pay to have such shots done, I insist on a license that covers any uses I may ever have but I don't ask for the copyright. If the photographer wants to display the photo or include in a book etc., he/she retains those rights.

Since this is a pre-existing shot and you want to use it, the photographer has more control. You shouldn't have to pay as much. That's the trade-off.

Thanks. I'd certainly never think of asking for copyright—just a license. I'd also need some written agreement so I better see if I can find some sort of template.

Hey, great advice. I was actually going to ask a similar question about artwork and am wondering if the same rules apply. I will be dealing with this shortly. Photo-wise I would mostly use originals (e.g. band shots) but I'm really glad to know the answer to that one too "just in case".