Palm Beach Photographer | James Eisele
James Eisele Photography
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Palm Beach Fashion Photographers, James Eisele Palm Beach Beauty Photographers, James Eisele Palm Beach Commercial Photographers, James Eisele Palm Beach Advertising Photographers, James Eisele

 

 

 

Copyright © 2014 James Eisele. All rights reserved. | Contact | Fort Lauderdale, FL & Manhatten, NY.

 

 

 

 

 

 

 

 

 

 

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  • Fort Lauderdale
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James Eisele is a Palm Beach photographer shooting fashion photography in Miami and commercial photography at his Studios in West Palm Beach, Florida. James sits on the Board of Directors for the South Florida Chapter of ASMP The American Society of Media Photographers. This website contains his photography gallery. He also teaches other photographers studio lighting through his photography meetup group, with meetings held at Light Factory Studios. James builds a strong foundation through teaching the technical side, but also focuses heavily on the Art of Photography. These go hand in hand as photography images cannot excel without the marriage of technical and artistic qualities.

 

Photography and the law
The exclusive right of photographers to copy and use their products is protected by copyright. Countless industries purchase photographs for use in publications and on products. The photographs seen on magazine covers, in television advertising, on greeting cards or calendars, on websites, or on products and packages, have generally been purchased for this use, either directly from the photographer or through an agency that represents the photographer. A photographer uses a contract to sell the "license" or use of his or her photograph with exact controls regarding how often the photograph will be used, in what territory it will be used (for example U.S. or U.K. or other), and exactly for which products. This is usually referred to as usage fee and is used to distinguish from production fees (payment for the actual creation of a photograph or photographs). An additional contract and royalty would apply for each additional use of the photograph. For example, the photographer may sell the use of one photograph to different companies for use on calendars, cereal boxes, magazines, greeting cards, or many other products, in many countries.
The time duration of the contract may be for one year or other duration. The photographer usually charges a royalty as well as a one-time fee, which may or may not then be deducted from the royalties, depending on the terms of the contract. The contract may be for non-exclusive use of the photograph (meaning the photographer can sell the same photograph for more than one use during the same year) or for exclusive use of the photograph (i.e. only that company may use the photograph during the term). For example, a contract may stipulate non-exclusive use of the photograph on print greeting cards for one year within the United States with a certain up front fee and royalty per unit printed. The contract can also stipulate that the photographer is entitled to audit the company for determination of royalty payments. Royalties vary depending on the industry buying the photograph and the use, for example, royalties for a photograph used on a poster or in television advertising may be higher than the royalty for use on a limited run of brochures. A royalty is also often based on the size the photo will be used in a magazine or book, for example, if it is used as a quarter or half-page photo or full page. Cover photos usually command higher fees than photos used elsewhere in a book or magazine.
Photos taken by a photographer while working on assignment for a magazine or other publication or company often belong to the company or publication, rather than to the photographer, unless stipulated otherwise by contract. Professional portrait photographers often stipulate by contract that they retain the copyright on portrait photos, so that only they can sell further prints of the photographs to the consumer, rather than the customer reproducing the photos by other means. If the customer wishes to be able to reproduce the photos themselves, they may discuss an alternative contract with the photographer in advance before the pictures are taken, in which a larger up front fee may be paid in exchange for reprint rights passing to the customer.
Even amateur photographers need not give their photos away for free if they are of marketable value. Information about licensing and marketing your photographs, and photo licensing contracts, is available online and in libraries. One can gain an understanding of the business of licensing and protecting photographs by consulting a variety of books and online resources on photograph licensing, and/or by contacting a lawyer who specialises in licensing/royalties, particularly of artwork and photography.
There are major companies who have maintained catalogues of stock photography and images for decades, such as Getty Images and others. Since the turn of the 21st century many online stock photography catalogues have appeared which invite photographers to sell their photos online easily and quickly, but often for very little money, without a royalty, and without control over the use of the photo, the market it will be used in, the products it will be used on, time duration, etc. These online catalogues or the industries using the photograph may then profit from the photo with the photographer making little to no money for his photograph. Because of the difficulty in controlling the use of the photograph after it is passed on the internet, the photographer may never be able to license the photograph again for future use or regain ownership of his photograph.