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Nikon AF-S Zoom-Nikkor 24-120mm f/3.5-5.6G IF-ED VR

12/22/2005 03:46:54 PM · #27

Doesn't smell like a scam at all to me. I've had several similar experiences, because I'm basically the World Clearing House of Groundhog Day photos. I get similar requests several times a year for those photos, and I've never run into a single problem, even with overseas companies. Made some good money thanks to my furry pal :)

jadin

Nikon D800

12/22/2005 04:07:32 PM · #28

I'd ask for Â£250 or Â£275.

While it's possible they'll say no thanks, we'll find someone else. I'd bet money they'd either say yes, or else counter-offer. It's not a whole lot more, and you can always fall back to the original quoted price if need be.

They seem interested in using your photos specifically so they may be willing to give you a slightly better price.

My .02 which I expect back when the deal is closed.... ;)

12/22/2005 05:03:11 PM · #29

Originally posted by alanfreed:

So how does one go about dealing with contracting/liscensing issues? (I like how they are "issues" from right off the bat) ... what type of reply do I return? If anyone like Alan has some experience any information is great. I would like to reply tonight so that I can get to him before his office shuts down.

Thanks,
Lee

sfalice

Canon PowerShot SX60 HS

12/22/2005 05:09:17 PM · #30

In just a little research, I see they use quite a lot of cover photographs - all of which are first rate - so I think you would be in good company.

They seem to be quite new, having been in business only since 2002, according to one link.

12/22/2005 05:09:47 PM · #31

Originally posted by Tranquil:

So how does one go about dealing with contracting/liscensing issues?

In short, I don't.

I'm not one of these people who needs a big, formal contract for every deal that comes my way. Here's the Official Alan Freed Method of Dealing With People Who Want to Publish My Photos:

1. Someone contacts me with an interest in using my photo(s).
2. I reply, and let them know that yes, they're available at 300dpi, and I'd be more than happy to allow them to use them.
3. They agree to send me a check.
4. I send them photos.
5. They send me a check.
6. I buy myself a present.

Some folks like to make it more complicated... :)

12/22/2005 05:15:25 PM · #32

Originally posted by alanfreed:

Originally posted by Tranquil:
So how does one go about dealing with contracting/liscensing issues?

In short, I don't.

I'm not one of these people who needs a big, formal contract for every deal that comes my way. Here's the Official Alan Freed Method of Dealing With People Who Want to Publish My Photos:

1. Someone contacts me with an interest in using my photo(s).
2. I reply, and let them know that yes, they're available at 300dpi, and I'd be more than happy to allow them to use them.
3. They agree to send me a check.
4. I send them photos.
5. They send me a check.
6. I buy myself a present.

Some folks like to make it more complicated... :)

Sounds like my kinda way of doing something. I've already told him that I have them at the appropriate sizes... so I guess the next time is just signing the deal.

Sweet :)

And as far as bumping up the price... eh... $350 a pop is profitable enough as a first project for me.

Cool.. thanks guys. I'll keep ya updated.

Lee

Nikon AF-S DX NIKKOR 18-200mm f/3.5-5.6G ED VR II

12/22/2005 05:18:27 PM · #33

Originally posted by Tranquil:

Sounds like my kinda way of doing something.

Just for the record, this was my method even for a shot that I got into People magazine last year. They hunted me down for a shot they wanted, I agreed to let them use it, and they sent me a check. No mention of exclusivity on their part, no discussion of copyright or ownership or anything. I really don't see the need to make these things so complex.

Buy yourself a present! :)

...And congrats on being noticed! You've earned it!

Message edited by author 2005-12-22 17:18:53.

Nikon D200

12/22/2005 05:21:58 PM · #34

Hi Lee,

The price they quoted you seems reasonable to me; have seen many other shots for the same purpose go for that price at macro stock sites.

One thing caught my eye in your profile -- your age. Does the buyer realize you are under the age of consent with regard to contracting out the licensing of this image? It probably won't matter with regard to the sale, but they may wish to have the contract also signed by a parent or guardian so that you can't come back later and void it claiming you were a minor.

The first thing you need to do is get a copy of the agreement they wish to enter into - in writing. Once you've read it, you can then decide what issues, if any, you might be facing. You could indicate to the buyer that the terms as described sound fine, but you'd like to see the actual agreement before committing.

With regard to negotiation of price, it would be hard to ask for more than the standard without a specific basis. For example, "...x price would be fine for licensing rights for 2 years limited distribution, but this agreement says 5 years and world-wide distribution therefore y price is more appropriate."

Congratulations on the interest in your shots, and good luck with the buyer.

Edited to add: having now seen AlanFreed's post, I'm in agreement. If they don't want exclusive use of your image, take the $ and run.

--Laurie

Message edited by author 2005-12-22 17:24:40.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

12/22/2005 05:27:34 PM · #35

Originally posted by A1275:

Hi Lee,

The price they quoted you seems reasonable to me; have seen many other shots for the same purpose go for that price at macro stock sites.

One of the recent threads on stock photography had a link to a price guide/calculator. I agree you're in the right ballpark, as long as their use is limited to the book and maybe materials to promote it.

If they wanted to make posters or Tshirts or coffee mugs you should get more. Congrats!

12/22/2005 08:39:09 PM · #36

Thanks everyone!

Nikon AF-S DX Zoom-Nikkor 18-70mm f/3.5-4.5G IF-ED

12/23/2005 09:12:22 AM · #37

Oddly, I woke up in the middle of the night and this thread popped into my mind, and I wanted to add a few extra thoughts to it, for what they're worth.

I've seen threads similar to this pop up from time to time, where someone is presented an opportunity, and immediately several people start insisting that they instantly ask for more money, bounce contracts back and forth, blah blah blah.

I'm just not sure what these folks are thinking, to be honest. Sure, we all want to protect ourselves and don't want to be screwed. When I get a request like Tranquil did, I always do some minimal degree of due diligence to figure out who I'm dealing with. I check out their web site, see what kind of work they generally do, etc.

If they're offering me what I consider to be a fair price to use a shot or two, then so be it... I'll start the process of serving them as I would serve any other customer of mine. I'll get things to them promptly (many of them have been on tight deadlines) and I'll make sure I'm providing them the best images I can offer.

Remember that these companies have a reputation to uphold, too. If they continually screwed photographers out of money, or mislead people about what they were doing with shots, I'd bet that a simple Google search would reveal that. These guys aren't out to get you.

And if you start whining about having a contract, and getting it ok'd by a lawyer, and wanting more money... well, you're only likely screwing yourself -- to the tune of $350 in this case. And you're not exactly going to be at the top of the list to get another call from them if they have needs that you could fill in the future.

Of course there are scams out there, and we need to continually watch for those (like the people who randomly send e-mail to photographers and want to hire them to do a cross-country wedding, etc., etc.). Don't let the scammers turn you into a bad customer relations person for people who actually want to publish your work.

woohoopepper

Nikon D70

12/23/2005 09:19:49 AM · #38

I had a cover photo and inside photo published on a government journal last January. Very legit. But I gotta tell you the payment process ... slow! Part of that's my own fault. I procrastinated on filling out appropriate paperwork - mainly because I didn't understand any of what the form was asking for. I had to have my bank complete a form with my banking info for direct deposit. That was a little scary, but the journal editor told me it was indeed necessary. After all that, I got phone calls from Maryland requesting the very same info again. I am such a newbie at this. I had to get a DUNS # and all sorts of weird stuff. But, I won't bite that hand that, well it's not feeding me, but it is extra $$.

hankk

Canon EOS-5D

Sigma 24-70mm f/2.8 EX Aspherical DF for Canon

12/23/2005 03:28:17 PM · #39

Originally posted by A1275:

You may be able to ask them for a copy or two of the book with your photo (or at least a couple coppies of the cover), or use of the entire cover for your portfolio

12/23/2005 03:30:31 PM · #40

Originally posted by hankk:

You may be able to ask them for a copy or two of the book with your photo (or at least a couple coppies of the cover), or use of the entire cover for your portfolio

That's something I meant to mention, too... I always ask for a copy of the finished product, and 99.9% of these folks are glad to send a copy or two once it comes out. That's a perfectly good thing to request!

Tamron SP AF 28-75mm f/2.8 XR Di for Canon

12/23/2005 03:34:23 PM · #41

Originally posted by alanfreed:

Originally posted by hankk:
You may be able to ask them for a copy or two of the book with your photo (or at least a couple coppies of the cover), or use of the entire cover for your portfolio

That's something I meant to mention, too... I always ask for a copy of the finished product, and 99.9% of these folks are glad to send a copy or two once it comes out. That's a perfectly good thing to request!

Yea, I will definitely do this when I get things squared away. Here is my response that I sent back:

Hi Katya. Thanks for the reply and a Merry Christmas to yourself!

I am flattered by the offer and I think that we can most definitely come to an agreement on this. I will do my best to be prompt in replying and complying with your requests and procedures for this type of venture. If you could take things a step further and provide me with more specific details regarding how I should send to you the images, in what format you want them, etc., as well as how payments are made and some other fine details, then that would be great. The price you have mentioned is fair and fine.

I know that you have said the two images of interest were "Orchid" and "Floral II". Although I know what images you are talking about, just to be certain it would be great if you could provide me with the links to the photographs so that there isn't any misundestanding as to which images we are discussing. Thanks.

Hopefully you can get back to me before you close up for the holidays. If so, I will try and be progressive and have things ready for you by the time you return on the 3rd. Either way, just let me know what the next steps are and provide me with the information that I need. Hopefully we can continue in making this a painless process!

Have a wonderful holiday. I hope to hear from you soon.

Thanks again,
Lee Saper

Just moving one step closer, but I am trying to be progressive. As far as pricing goes, I think what they offered was fair and is fine for a first time for me.

Thanks for your input everyone!

Lee

strangeghost

Canon EOS-7D

12/23/2005 03:44:41 PM · #42

I don't have experience selling photos like this, but have done some writing for publication. They should either send you a contract, or send you a check. Either way should be fine. As for the exclusivity issue, if they don't ask for it, and define its terms in a contract, then they have not acquired it, and the images belong to you.

It sounds like a nice deal to me. I'd want to know how I was being credited (on the jacket? on the coverleaf? on the titlepage??) and I'd definitely want a few complimentary copies.

Good luck!

wavelength

Nikon D300

Nikon AF Nikkor 50mm f/1.8D

12/23/2005 03:44:43 PM · #43

I think the word you're looking for is: proACTIVE. not progressive. :O)

Just messing with you. Very well written correspondance.