Book Cover Payment / Permission to use image?

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

12/06/2011 12:38:16 PM · #1

First off I want to thank anyone who can help me with this issue.

I have been honored to have one of my images grace a bookcover throughout the world....(mostly in all the European countries, and South America). I have been selling the image for $500.00 to publishers who have contacted me to use the image for the book. All has been going well, until last week. I was contacted by a publisher to get permission to use the image for publication in France. I gave them permission and then invoiced them with a $500.00 USD invoice. I have never experienced a problm yet with tis way of business.

They wrote back and said they already had the image and had bought it from another publshing company (located in England), but were willing to pay me $150.00 for my permission. Funny thing is....I never gave anyone permission to use the image as their own, or gave world rights, or even complete usage rights. I have never signed anything, and looking back at my e-mails.....I am under the impression that I still OWN the image....not the publishing company. My question is....I really don't understand how this system works. Is there a possibility, since I gave them permission to use the image for the book cover, that I gave them permission to use the image and sell it? To my complete understanding.....I was under the impression that I was giving permission to use the image for a book cover only. The e-mails never state anything further than that. I have been selling this image for about two years now....and this is the first problem I have had. Any advice would be great. I want to avoid making this mistake in the future....but I need to know what mistake I have made in the first place?

Neil

Fujifilm X-T30

12/06/2011 12:44:29 PM · #2

Sorry that happened. I'm not that experienced in this regard, but the questions that come to mind are:

Did you have them sign (or at least include) any kind of license agreement?
Did your invoice specifically specify the use/limits?

If so, that might help you proceeding further. On Zenfolio, when I sell the license to use an image it's very specific what the usage is (and the pricing is different depending on the usage).

Maybe see what a lawyer says, but if you know who sold it to them without your permission, that's who you need to talk to (and go after).

Skip recommended this book to me, which may be helpful in the future for you: //www.amazon.com/Best-Business-Practices-Photographers-Second/dp/1435454294/ref=sr_1_1?ie=UTF8&qid=1323193389&sr=8-1

Canon EF 300mm f/2.8L IS USM

12/06/2011 12:54:29 PM · #3

Yes...they told me which publication company it was that they bought it from. My invoice did specify the use for the book cover image only. I never signed anything....nor did they have me sign anything of theirs either. We have only communicated through e-mail....and the e-mails state that the image was to be used for the book cover in "certain" country. The e-mail was very simple, and seem very self explainatory.....the transaction was easy and hassle free (with this publishing company). This transaction happend about 8 months ago.

I am not sure what I did wrong.....because , at this point, the publishing company feels it is their right to sell my image. I am baffled at what I said or did to make them think that this was OK. I have sent an e-mail to them (the publishing company selling my image)....we will see what they respond. Thanks for the link....I need to protect myself from this sort of thing if I am going to proceed with selling my images on my own. I am not represented by an agency, or stock company....so I do feel I have been taken advantage of by a 'big' publishing company.

Message edited by author 2011-12-06 12:55:26.

Skip

Canon EOS-1D X

12/06/2011 01:04:32 PM · #4

crappy situation, jennifer :(

while you may or may not be able to recover the difference this time, you can protect yourself going forward.

1) if you are already in the habit of registering your images with the US Copyright office, great! if not, you need to do so. (there is plenty of discussion on these boards and plenty of resources on the web).

2) if you have some straight-forward licenses that have been attorney-approved, great! if not, you need some that will cover you for various usages.

for all intents and purposes, a license simply spells out how an image can be used. it does not have to be signed by anyone to be valid. i make a triple delivery of my licenses: i embed the usage rights into each image i deliver, i put the same verbiage on the invoice, and i put it on a separate document delivered with the invoice.

as for your current situation, you need to find the name of the company from whom the french publisher obtained your image. if you are a member of PPA, simply contact maria and she'll take care of you (after all, that's one of the main benefits of membership). otherwise, you'lll need to communicate with them that they are violating your copyright and that they are to immediately cease and desist distribution of your image. if you aren't comfortable in this role, you might want to engage an attorney.

hopefully, you haven't lost any other revenue from this rogue licensee...

also, you might want to check your prices against some of the stock calculators (there's another thread about that now that has some useful links). your one-size-fits-all $500 license sounds pretty low.

good luck!

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

12/06/2011 01:22:39 PM · #5

Thanks Skip.....I apprecaite the time to help me. The use of this image, for a book cover, really just fell into my lap. I am not really mad....just trying to learn about the business, if I am going to continue to sell this image, and move forward with other publishing companies. However I do have another question.......

Why does the current publisher, that wants to use the image for the most recent book cover, need to ask for my permission? The image does contain a person in it.....and I have never given anyone, or sent anyone, a model release. Is this why they need to ask for my permission? If so....maybe I have a leg to stand on with the English publishing company.....

I do belong to the PPA....have never used any of their services yet....maybe it is time...........

Message edited by author 2011-12-06 13:29:41.

GeneralE

Canon PowerShot S3 IS

12/06/2011 01:26:25 PM · #6

Originally posted by Skip:

as for your current situation, you need to find the name of the company from whom the french publisher obtained your image. if you are a member of PPA, simply contact maria and she'll take care of you (after all, that's one of the main benefits of membership). otherwise, you'lll need to communicate with them that they are violating your copyright and that they are to immediately cease and desist distribution of your image. if you aren't comfortable in this role, you might want to engage an attorney.

I think you should inform the French publisher that, "sorry but" the "other" publisher had no right to redistribute the image, and that they need to get a refund from them so thay can pay you the proper fee.

If they don't want to do that, you can withhold permission for them to use it, and inform them that unauthorized use of the previously-acquired image will constitute copyright infringement, which will end up costing more than the licensing fee; their request for permission would seem prima facie evidence that they know that they need a license from you to be legitimate.

If they are a major publisher, the difference between $150 and 500 shouldn't make that much difference.

Perhaps appeal to their sense of outrage that their English compatriots are violating IP law and giving all publishers a bad name ...

If you've been licensing images for $500 I think you should consider consulting an attorney, and/or getting some of the better publications on running a business and IP law (links available on request). ETA: Yes, consult the PPA ...

Message edited by author 2011-12-06 13:27:51.

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

12/06/2011 01:35:52 PM · #7

Thank you General for the advice. I did send the French publishers a e-mail this morning stating something very similar.

Still wondering why they need my permission if they bought if from someone else.

Here is the English version of the book on Amazon...book cover.

You can easily find the publishing company that sold the image to the other publishing company.

Message edited by author 2011-12-06 13:37:57.

GeneralE

Canon PowerShot S3 IS

12/06/2011 01:42:45 PM · #8

Originally posted by njsabs:

The image does contain a person in it.....and I have never given anyone, or sent anyone, a model release.

Do you have a model release? If so, it is surprising they (the first publisher) didn't ask for a copy.