Copyright ownership and Image Licensing Agreements, as they pertain to photography, are both items that you should know something about when hiring a photographer to produce new images for your club. Cost, scheduling and  deliverables are what club’s usually are most concerned about, but that’s not the complete picture. (Pun intended!) Here are two real-world scenarios that illustrate that point…

In the first case, a golf retailer that features large photographs of local golf courses in its stores received negative pushback from a nearby club, objecting to images of its course being displayed without its permission. (The photographer, by the way, is not me.) Did the photographer own the copyright for the image? Did he or she have permission to photograph the course? I don’t know the answers to those questions. But if he was a professional, hired by the club, a proper Image Licensing Agreement would have prevented this uncomfortable disagreement. Full disclosure… I work with this retailer. When my images are displayed on its walls, I tell my clients about it. I’m proud of my association with this store, and I’m confident that the exposure is good for my clients.  And guess what? I’ve never gotten any negative feedback.

In the second case, a club who was close to hiring me for an upcoming photo shoot wanted to verify that after the shoot they would own the photos. When the GM raised this issue, I told him I don’t sell my copyrights. This gentleman’s primary concern was that he wanted to be able to use the images in perpetuity. He was concerned that I might require a recurring fee for continued use. There are photographers who charge these fees, so it’s a legitimate concern. I don’t, though. My license clearly states, “The term of this license is: Permanent.” I sent him a copy of my license so he could see what he would be getting for his money. It answered his questions and we moved forward with the deal.  Be sure you avoid misunderstandings and possible legal problems by educating yourself about what your photographer will provide, and what your obligations are.

Here are some questions to have answered…

1. How much will the project cost?
A. How is the photographer’s fee set? Will there be a Day Rate? A Per-Image rate? Or one price for the photo shoot and final images?
B. How many images will the photographer provide?
C. What expenses will the club be liable for?

2. How can the images be used?
A. Editorial use?
B. Publication?
C. Newsletters and email communication?
D. Broadcast applications?
E. Merchandise?

3. Who owns the image copyrights? Is this an exclusive or non-exclusive license?

4. Is there a time limit on use of the images?

5. Is there a geographical limitation for use of the images?

6. Can the images be provided to third parties for their use?

7. Is proper attribution of authorship required when the images are published?

8. Have model releases been obtained if needed?

9. Can club alter the images?

The answers to these questions can vary from photographer to photographer. There’s no Union of Professional Golf Course Photographers who sets standards and regulates what we do. So if details matter to you, you should get all the answers you need before you hire someone.

HOW I APPROACH A GOLF COURSE PHOTO SHOOT

When I’m asked to photograph a golf club, the first thing I provide the club is a fairly simple Letter Of Intent that says we’re going to do business together. They’re hiring me to do the photo shoot and provide them with an agreed-upon number of images. There will be a set fee, in addition to which the club will pay my reasonable travel expenses in a timely manner. It’s a bit more “official” sounding, but that’s essentially what it says. At this point I don’t answer all the questions above, but if asked, I can easily provide a Licensing Agreement sample so the club knows what they’ll be getting. Following the photo shoot, I post the full set of images I have edited for review and selection. My business model is to fully edit 50% more images than the club’s agreement calls for. I want them to have the option of selecting their favorites, not simply accepting what I send them. Once selections are made, I provide two sets of images to the client. One set consists of full resolution Jpegs. The other consists of web-ready Jpegs. I also provide my Image Licensing Agreement at this time, signed by me. I ask that the client club’s representative sign the license and return a copy to me. Bottom line… both parties know what we’ve agreed upon.