My photo will be on the front cover of a novel, what do i charge them? do i own

Question: My photo will be on the front cover of a novel, what do i charge them!? do i own my pics or the photographer!?

I was contacted by an author to have my picture on the front cover of their new novel but i do not know how and how much to charge them!. is this a case of percentage and royalties or one fixed rate!? also my photographer was paid a set fee for the photo shoot, but does he still have rights to my images!?Www@QuestionHome@Com

Best Answer - Chosen by Asker:

First of all, check the contract you signed with the photographer or talk to the photographer about who owns the reproduction rights to the photos of you!. Although you hired the photographer to take the pictures and for the copies you received, the photographer holds the reproduction rights to his work (your pictures) according to US Intellectual Property laws, unless he signs over these rights to you in writing!.

If the photographer does own the reproduction rights, you may still be able to make some money with that novel cover if you did not sign a model release agreement!. I don't think a model release is part of the usual photo contract when you hire a photographer, but you had better check that also!.

Using your picture on the cover of a novel could be worth a lot of money, so I would suggest you contact an Intellectual Property Lawyer!. The artist who did the cover illustrations for the Harry Potter books got a flat fee for the first book cover, and had to go to court years later to get more money because the book became much more popular than she had first suspected!.Www@QuestionHome@Com

If you paid for the photo shoot and didn't sign anything with the photographer that gives him any rights to them!. They are yours!.

The thing I find odd is you being contacted by an author!. The author generally does not design book covers!. The publisher does that!.Www@QuestionHome@Com

All of that should have been negotiated before the photo shoot!. He owns the rights to your image if you signed a release saying that he does!.Www@QuestionHome@Com