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I work for a media company with a long history of publishing magazines, and a relatively short history of publishing online. We are in discussions currently about how to approach digital rights agreements with our photographers and illustrators. I have heard that it has become standard in web publishing to simply include digital rights (for no extra payment) in the initial agreement with photographers -- but am curious about what publishers are actually doing out there.

Please weigh in with your approach to payment and rights relating to content online! I'm eager to find out what's really working out there.

Shannon

Tags: content, copyright, digital, illustration, payment, photographers, photography, rights, writers

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I was really hoping that others in the publishing business would jump in on this but, since there have been no other replies, I will weigh in from a photographer's perspective.

Payment for content should be based on the value of that content to the publication much like advertising rates are based on the value to the advertisers. Higher circulation of printed media equals more views which equals more value. The same should hold true for digital media.

If a publisher is charging their advertisers more to also include ads on the web, then they should also be paying photographers for the additional use of their work since it obviously adds value to the site.

The old excuse that the web is experimental and really doesn't make us any money just doesn't hold water anymore. Especially in light of the fact that more and more advertisers are moving more of their advertising budgets to the web.

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Our contributor's agreements for both print and online specify the publisher gets both print and electronic media rights to the work, in perpetuity. The publisher has exclusive rights for a year; after that, the author/photographer and publisher share the rights. This was the same arrangement my previous employer had. Some of the writers object, of course, but these agreements are written at a leavel far above my pay grade and I have no power to amend them.

The primary concerns of the writers seem to be based on their intent to publish books that are an anthology of their periodical/online work. I haven't heard of anyone having an actual conflict here. Either the book never materializes, or it goes to press after the one-year exclusivity period has run. If we did have a situation with a book that was published before the year was up, I wouldn't make a stink, and I don't think the company would, either.

How much we actually pay for online work is a more consistent issue. My budget allows for about half of what a writer would receive for a similar work in print. The online articles are generally shorter, and I publish not quite twice what our allied magazine does (and that ratio will increase, as they are getting page count reductions mandated).

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