Who 'owns' the image?

[JezUK]

I've got a client who wants me to put in a clause into my Pro-Forma stating that she owns the image?

I've never had a client ever ask me this before, it's never been an issue or problem.

My own understanding is that I own the copyright, but they are free to do whatever they want with the images?

But I'm now not so sure..... (for example, the restrictions on Turbosquid models these days seem so restrictive, I'm concerned they prevent clients using them for lots of things, like marketing etc etc).......

She's asked to see my T&Cs (in 6 years, no one has ever asked for them) and they're out of date. My Payment Terms, for example, have changed.....

Any ideas anyone (about who owns the image) ?

[dean_dmoo]

We retain copyright/ownership per the t&c's and the client is given permission to use the images for the promotion of the project and/or their company.

I would just ask what the reason is and take it from there. Normally if you explain it and what rights they are buying it tends to be no problem. Usually they are worried that they need to check with you everytime they want to use the image or something like that.

I think this question has been posed before, NeillG (iirc) had quite a post about it and how they do it at Dbox.

[JezUK]

Thanks Dean,

I believe that's what I've got in my T&Cs.

Though they were written over 6 years ago and no one has ever asked for them until now, and I see there's a clause in it that I can't remember why it is there;

"all copyright and other intellectual property rights in any work created by Jez E shall rest with Jez E. the client may use and reproduce images for internal use only."

Not sure why there is "for internal use only" - is that another way of saying they're not allowed to sell them (I'm wondering) ?

[Mokiki]

I don't have the specific wording in the contract in place but unless stated otherwise we own the copyright for the images we create. The client is merely allowed to use the image for the prior specified purpose.
Used in magazines/website etc. I think they have some flexibility in terms of being allowed to crop it for designs but are not allowed to drastically alter the image or resell it.

For example when we do photo shoots of recently finished offices for the architects they can't just allow those images to be used by the companies who for example did the windows or any other part of the construction. Those companies would need to buy the rights to use the photos for advertisement.
If a client wants to buy the ownership of the created material that naturally increases the cost since after that point you have no control anymore over what happens with that image.

[JezUK]

Thanks Oliver, I really appreciate your comments. They make perfect sense and sound very reasonable.

Any ideas how much more expensive you'd expect an image to become if client insists on ownership (in percentage terms, 10%, 20%, 50%, 100% ??) ?

They have already said they want ownership - and I will be speaking with them later today about this (no doubt!).

[Mokiki]

I don't know what our going rate is for that since at our office I don't handle the financial stuff. I can make some inquiries but I am not sure if I can get back to you in time.
Though from a personal gut feeling 50% sounds appropriate since you won't be able to make any more money from the image afterwards. But this is a very personal choice in what you feel comfortable with at the end of the day.

[JezUK]

Thanks again Oliver, if you can it'd be worth knowing for future, plus I could add it to my terms and conditions.

Again, I concur with you, 50% sounds about right.

But they have said there will be other further visuals needed for this project (which I know is true), plus I do really want to do it as it's such an interesting project (one of those which comes every blue moon)......

Dang, I really dislike getting into the legal side of 3D!