S4O or S4H -- Your own TOU?

[~toby~]

Well...I still need to peruse more of the threads on this forum, but I got a quick question that might have been asked but I didn't see it. I have been itching to do some albums for money...I have some people that are very interested in these. Some only want paper albums .. others would be interested in digital format. If you are S4O or S4H, do you have your own TOU? I guess I am asking how you protect yourself from someone claiming your work in a gallery or a magazine? I completely understand that everyone is different and there are probably a million answers to this. YOu are so helpful! Thank you so much in advance!

[Just Plain Kristi]

I'm working on my TOU right now. I've decided that I will retain the full-resolution digital copies so they can order reprints from me but will consider delivering a web resolution version of their album for use in digital frames or burned to DVD. I'm not sure if something like alienware's blow up program couldn't be used to pirate my designs but figure anyone techie enough to do that probably isn't hiring me to scrap for them anyway. I'm going to have a clear copyright notice in the book as well as a credits page and the contract under which I'll do the work will spell out my terms as well. I feel like I'll be ready to get some work going as soon as I get this paperwork together...definitely not the fun part though!

[mpatry]

No one else has TOU info to share? I'm at the contract writing, TOU writing etc stage now and could really use some advice myself in terms of where to start. Anyone else willing to share some examples?

[thumper6423]

I'm still in the "should I really take the S4H plunge?" phase, but just a thought. You may want to consider something in your contracts to protect you against regular scanning. I could very easily take a printed page, scan it at 300 or higher dpi and viola! I can get prints. Not that I would because a.) It's wrong, and b.) I can scrap my own pages, but at least make yourself a watermark or signature brush to put in the corner of each page like the pro photogs do. Then someone would have to be pretty PS savvy to clone it out. Don't put it too close to the edge where it could just be cropped. And when or if you do proofs, make sure the watermark is in a really annoying spot, maybe pretty transparent, but center of the page so they can't just tale proofs and get prints. I have a feeling we're all going to run into the same issues pro photogs run into on this as far as once the product si printed and in the client's hands.

[mpatry]

Thanks Amanda! I've decided to go with a contract that the client must initial and sign. It includes a line that photographers include regarding reproductions and stating that the recipe cards (that's what I'm focusing on) are for personal use, not for resale.

If the customer purchases the digital version of the cards, the contract will be scanned and added to the disk.

I also have a second file for the client regarding credit info, on this it states that the graphics used are the property of the designers who created them and were used with permission. Then I will list the designers and products that were used.

Hope some of this helps others out there! Anyone else have some tips for us?

[~toby~]

Thanks for bumping this up again....I am making notes as I type...lol!

[mcardall]

Honestly, this is why I also offer digital versions of my pages. Right up front, they pay more $$$, because I lose out on all the reprint opportunities.

[Just Plain Kristi]

I'm thinking if my printed products end up being in photobook form it would be really difficult to scan without taking the whole thing apart because of the gutter distortion. KWIM? I would also think single pages in larger formats would require stitching so I might not even offer single pages at less than 12x12 sizes...anyone who can compensate for the gutter or stitch together multiple scans has the skillset to do this for themselves and are not really my target audience anyway. I'm fairly confident that my potential clients aren't interested in high-tech piracy and once educated about the issue wouldn't be likely to scan my work. I also think resonable pricing is important...it's awfully tempting to want to scan DD's senior pics that cost outrageously high prices to have printed...just because the school did an exclusive deal with them for yearbook pics we had to be gouged. I'm vehemently anti-piracy though so no worries...I can sympathize though and wouldn't want to price my services so high that customers didn't feel it was worth respecting my policies and ordering extra prints or books from me. I certainly don't plan to order more prints or ever visit that photographer again! And I would like to build some repeat business. So price it enough to be professional and not feasible to take it apart for scanning but not so high that reprints are not sellable.

[kutnkudly]

I have my S4O/S4H TOU listed HERE (http://kutnkudlyskreations.com/shop/index.php?main_page=page&id=8&chapter=5) and all my products for this purpose are available in the S4O/S4H category in my store.