Best Business Practices for Photographers [114]
* * *
NOTE
Had Nagel instead granted "all rights" to Playboy or a copyright transfer, for all works created 35 years following publication or 40 years following the agreement (for work created after 1977), Nagel (or his estate) could have had all those rights revert back to him—a significant distinction between a WMFH and an all rights grant or copyright transfer. From the Copyright Office website:
* * *
Section 203 of the Copyright Act permits authors (or, if the authors are not alive, their surviving spouses, children or grandchildren, or executors, administrators, personal representatives or trustees) to terminate grants of copyright assignments and licenses that were made on or after January 1, 1978 when certain conditions have been met. Notices of termination may be served no earlier than 25 years after the execution of the grant or, if the grant covers the right of publication, no earlier than 30 years after the execution of the grant or 25 years after publication under the grant (whichever comes first). However, termination of a grant cannot be effective until 35 years after the execution of the grant or, if the grant covers the right of publication, no earlier than 40 years after the execution of the grant or 35 years after publication under the grant (whichever comes first).
This might seem like an extensive example of an amendment, but that small body of text on the back of a check constituted a contract, and could also, as with the later check language, nullify your contract, especially if you do ongoing work for this publication.
This practice still occurs among some publications and media outlets, so be cautious about amendments of which you may be unaware.
Using a Word Processor for Contracts versus Dedicated Software or Your Own Database
When I began my business, I had my contracts in WordPerfect, and I would go in and change each one from my standard language to meet the specific needs of the client resulting from a negotiation we'd had. It was easy to do, but a few mistakes occurred. In some instances, I'd do the math wrong and either have to eat the mistake or have an understanding client see my mistake and accept the higher estimate figures once they appeared on the invoice. After a few of these mistakes, I began using some simple tables in the word processor that would do the math for me and would be an integral part of the document. This worked for a long time.
I considered switching to any one of the several options of software written for photographers to do contracts and such. One exceptionally well-designed one was integrated with a supply reseller, which would allow you to track your inventory of film, and when you'd shot and billed a certain number of rolls of film, the software would realize you were low on film and offer to reorder it for you. Unfortunately, this software doesn't exist anymore, but a few others have remained. However, I was always worried that others would go the way of the aforementioned one, so I decided to learn how to make a basic database in FileMaker, and I transitioned to tracking my contracts there and still being able to modify them when necessary.
If you're evolving into a more business-oriented operation (which I'd expect because you're reading this book), I'd recommend you start with word processor files but learn about the ability to use tables within word processing files and their ability to calculate for you. Start with my language if you'd like, and modify it to suit your state's requirements or your specific needs. Or, turn to one of several trade organizations who, as a part of their membership, offer contracts that are an excellent starting point for you to establish your own.
How to Work through a Contract Negotiation for Editorial Clients
One of the biggest challenges, which I'll tackle in Chapter 16, "Negotiations: Signing Up or Saying No," is negotiations. This section of this