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02/28/2005 07:18:09 PM · #1 |
I recently sold one of my images to a local food company to be put on one of their labels. Now, since they are a new company, I only charged them $500 for unlimted use of the image. (heck, I was going to delete the image!) Plus, my mom works for the company and I thought I was doing them a favor.
Anyways, when I got a jar of the sauce and several labels for my own use, I seen that my name was NO WHERE on the label! I was pretty ticked off at this! So, my mom talked to her boss today and asked why my name wasn't on the jar. And he said that I sold them the image and that they didn't have to copyright the image in my name!!!
First off.... I never sold them the image, just unlimited usage! Second... I haven't even gotten paid yet and the product is out and on the shelf! Should I make a huge deal about the whole thing or let it slide!?!? I have to be careful, I don't want to piss anyone off and make it bad for my mother to work there either!
Ugh!
Lorrie
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02/28/2005 07:21:07 PM · #2 |
This was basically a royalty-free stock photo sale -- $500 for unlimited use.
The buyer is not required to put your name on the package, and standard practice is NOT to credit a stock photo, unless it is required in the sale agreement.
Unless such an agreement is in place from the time of sale, they are under no obligation to credit your photo.
-Terry
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02/28/2005 07:22:02 PM · #3 |
i would be more worried about getting payment for the use of the photo. As I recall I have never seen a photogs name on a photo on a product. I only see the photogs name on calendars and magazines and such
James |
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02/28/2005 07:25:01 PM · #4 |
Originally posted by ClubJuggle:
This was basically a royalty-free stock photo sale -- $500 for unlimited use.
The buyer is not required to put your name on the package, and standard practice is NOT to credit a stock photo, unless it is required in the sale agreement.
Unless such an agreement is in place from the time of sale, they are under no obligation to credit your photo.
-Terry |
This is a royalty-free license agreement, not sale. You retain the copyright, and they have no further rights to resell or otherwise use the image beyond the things you agreed to. Otherwise, I agree with Terry. |
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02/28/2005 07:28:17 PM · #5 |
Originally posted by GeneralE:
This is a royalty-free license agreement, not sale. You retain the copyright, and they have no further rights to resell or otherwise use the image beyond the things you agreed to. Otherwise, I agree with Terry. |
He is under the assumption that the image is theirs.... that is the problem. Since the image isn't that big of a deal, should I just take my loss on this one and let it go? I don't want to argue with him, he was so pleased, he wants to use my work again. This is where my dilema really comes in. If I make to big a deal, then he may not come back to me again.
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02/28/2005 07:28:33 PM · #6 |
| If you had them sign a contract then you may need to check to see what is alound and not alound. In the future, do not give out images to purchases if you have not been paid. |
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02/28/2005 07:30:00 PM · #7 |
On a different, note, I love the animal pictures on your website!
(p.s. make sure you make some links in the pictures page so that visitors can return to the main menu and go elsewhere.)
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02/28/2005 07:40:41 PM · #8 |
| It can really get to be a touchy issue when you do a favor for someone. They really should not have published the image until it was paid for. My opinion is to push for payment but not for anything else because of your mom and chalk it up it experience. Use the lable for your portfolio and next time spell out everything and get it on paper and signed. Unlimitted rights means that they can use the image for anything they want. $500 is a great price for those rights. You still retain the copyright, but because you mom still works there and you were going to trash the image, don't kame waves and be happy to get your money. |
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02/28/2005 07:44:06 PM · #9 |
Originally posted by nsoroma79:
Originally posted by GeneralE:
This is a royalty-free license agreement, not sale. You retain the copyright, and they have no further rights to resell or otherwise use the image beyond the things you agreed to. Otherwise, I agree with Terry. |
He is under the assumption that the image is theirs.... that is the problem. Since the image isn't that big of a deal, should I just take my loss on this one and let it go? I don't want to argue with him, he was so pleased, he wants to use my work again. This is where my dilema really comes in. If I make to big a deal, then he may not come back to me again. |
Well, don't make a big deal out of the credit thing. Let him think he's getting what he wants (unlimited use) while clarifying that you still own the image -- that he can use it all he wants for his business but can't let anyone else use it.
You could still choose to license it elsewhere or sell prints, but since it doesn't sound like you were planning to anyway, why don't you be extra-generous and give them an exclusive license -- you agree to not sell it to one of his competitors.
Make sure you have a written contract in place before you do any more, but try to act like this was no problem and you'd like to do more too.
If you're going to do much of this, either hire a copyright attorney or get some legal self-help books at Nolo Press before you sign anything more. |
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02/28/2005 07:48:21 PM · #10 |
First of all, congratulations on selling an image like this - that's really cool! I wouldn't worry about your name being on a food jar. When's the last time you saw an artist's name on a food jar? Just be sure you get paid and that you maintain a good relationship so that you can continue to get work and referrals.
If you have certain expectations about the use of your images (and the timeliness of the payment), be sure they're communicated clearly to the customer --in writing-- in the future so you don't have mismatched expectations. Congrats again!
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02/28/2005 08:02:44 PM · #11 |
Congrats on your sale...hopefully you get the money.
I wouldn't be concerned about the name -- honestly, I think that would look silly having a photog's name on a jar. But if you don't get your money by the time you agreed you'd have your money, I'd raise one hell of a fuss and probably at that point contact a lawyer.
It's not a matter of who's going to mad at your mother (when it comes to that company holding true to what they said) -- the company made a promise to pay you the money -- and that they should, or be ready to face the consequences.
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03/01/2005 12:24:17 AM · #12 |
I am reading a studio lighting how to book written by a pro...he says litte if anything about contracts and such, but did mention something i have not seen anywhere else - a line he adds to all his contracts: "Usage rights are transferred to the client upon completion of payment".
No pay, no use!
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