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09/09/2004 08:05:31 PM · #1
Anyone get an email about the America 24/7 State Books lately?

I got one a few hours ago and here it is, there was a link which I omitted because it is specific to me.
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Dear America 24/7 Photographer,

We are writing to you with details of an exciting opportunity to market and license the pictures published in the America 24/7 series. Please read this letter to the end and indicate whether or not you want your America 24/7 published photographs to be included. If you agree to participate, we will ask that you electronically 'opt in' at the end of this letter.

A little background: When we published 'A Day in the Life of America' nearly two decades ago, it became an indispensable catalog for picture buyers worldwide. For years after its publication, we received a stream of requests from publishers, magazines and advertising agencies wishing to license the 300 photos featured in the book. We always said, "The rights belong to individual photographers," and we provided interested parties with contact information.

On September 27, 2004, DK Books will simultaneously publish a series of fifty 24/7 books covering each state in the US, and featuring more than 7,000 images shot by more than 3,000 photographers. This is the largest book series release ever. We expect picture buyers around the world to view these fifty volumes as a rich pictorial catalog of American life, and we expect many requests from people wanting to license the published images.

Obviously, a single point of contact makes the collection far more appealing to prospective buyers, but we simply don't have enough permanent staff to route every picture request to the 3,000 different photographers whose work will be featured in the fifty books.

Picture buyers these days also demand much more than they did when 'A Day in the Life of America' was published in 1986. Then, all you had to provide was a dupe transparency, caption and model release. Today picture buyers expect to be able to search for and download captioned, model released, cataloged, keyword-indexed, color-corrected, hi-res digital files, with sales and technical support available, and licensable in their own language and currencies on a 24/7 basis.

We know that many photographers don't have the resources to aggressively market their own work in this way, so we looked at the stock photography marketplace and decided to partner with Getty Images, which we believe is the best home for the 24/7 collection. Here's why:

* Getty Images is a dedicated imagery company, whose core competency is the licensing of imagery globally. You will benefit from the knowledge and expertise they have developed as industry leaders in the marketing, sales, technology and distribution of photography & film.

* gettyimages.com, a fully ecommerce-enabled website, is available in German, Spanish, French and Japanese language versions, as well as US and UK English and backed up by 600 sales and marketing people. They plan to actively promote the America 24/7 images as a featured Image Partner collection with its own home page on www.gettyimages.com, just as they do for other high
profile organizations such as the National Geographic and Time-Life.

* gettyimages.com receives about 2 million unique visitors, who return over 1 billion thumbnail images in search results, every month.

* Getty Images licensed nearly $500 million worth of stock photography last year (five times as much as their nearest competitor), and they are extremely excited about representing and marketing your work.

* Getty Images has built successful relationships with thousands of photographers around the world, many of whom have won awards in both the commercial and editorial news, sport and entertainment areas.

* Having your work represented by Getty Images via the America 24/7 collection, will help to showcase your work and bring your pictures to the attention of millions of potential customers.

Because we've agreed to do the intensive preparation work on all of the images in the collection, we've been able to negotiate a great deal that we believe will work well for you and for 24/7 Media.

This is how the deal will work:

* Getty Images will market, distribute and license the America 24/7 collection, through its website and its offices and delegates worldwide. In exchange, Getty Images will retain approximately 50% of the fees it receives from the licensing of America 24/7 images. The remainder of the fees received for America 24/7 images will be remitted to 24/7 Media.

Of the remainder 50% of the fee:

* Photographers will receive 60% of the license fee. You will still retain the ability to license your images directly to your own clients so this income should be seen as supplemental to anything you generate yourself. Please note, however, that you will not be able to license exclusive rights or market those same (or similar) images through any another third party.

* Our company, 24/7 Media, will retain 40% of the license fee.

For our percentage we will:

1) Consistent with Getty Images' submission guidelines, comprehensively keyword every image so that it can be returned in search results. (For example, a picture of a couple in a cafe might require the following key words: San Francisco, California, North America, Urban, Cafe Table, Young Couple, Two People, Young Adult, Caucasian, 25-30 Years, Kissing, Sitting, Food and Drink, Indulgence, Romance, City Life, Urban Scene, Affectionate, Lunch, Casual Clothing, Long Hair, Winter Coat, Vertical, Color Image, Photography, Outdoors, Day.)

2) Provide professional, copyrighted captions from our writers.

3) Inspect every image for digital quality, convert each into the required Getty color space, color correct and clean up noise and pixel distortions.

4) Re-name every image in the Getty naming convention.

5) Buy very expensive insurance for the collection and indemnify Getty for any legal problems that may arise.

6) Handle all overhead and administration including cutting checks quarterly to every photographer who licenses an image through Getty Images and its website.

Again, only pictures that are actually published in the 24/7 Series will be included. Furthermore, sales of your work via the America 24/7 image collection by Getty Images will not prevent you from licensing these same photographs directly to your own clients or on your own website provided you do not license exclusive rights or market those same (or similar) images through any other third party.

That's basically it. You are under no obligation to participate in this program. It is completely up to you. If you decline to participate, we will not give your pictures to Getty Images. If you want your images marketed around the world, we need you to click on the link at the end of this email to view and agree to the America 24/7 - Getty Collection Agreement no later than September 13, 2004.

If you speak to other project photographers about this program, you should know that not every America 24/7 photographer will be asked to participate at this time, and not every picture we publish in the series will be included in the collection. Some pictures do not meet the required technical standards, and some pictures do not have the required model and property releases. For this second reason, we are initially focusing on pictures that do not contain recognizable people (e.g. landscapes). Once this initial set of images has been successfully loaded to the site, 24/7 Media and Getty Images may expand the collection to include other photographs from the book series. At this time, we have no plans to market any pictures that were not actually published in the America 24/7 Series.

If you have any questions (and please keep in mind that there are thousands of you!) please address them to getty@america24-7.com. Otherwise, please click on the link at the end of this email and indicate your agreement (or lack of agreement) to the terms.

Thanks for reading this email. We hope you are as excited as we are about this opportunity.

09/10/2004 09:08:44 AM · #2
I am going to read this a little closer when I am not so tired. I am suppose to have 2 in the CO book. They said I would be recieving a free copy also. I also need to go back and read the initial agreement and see if I "allowed" them to gie Getty images MY rights to do this and they make some bank off it.
So Getty keeps 50%, then we get 60% of the 50% that goes back to 24/7...that doesn't sound right (?) So that is what?...30% of the original? HMMMMM. Me not happy at the moment, but grumpy from work also.
Me Read Again Later.

Message edited by author 2004-09-10 09:09:08.
09/10/2004 09:21:00 AM · #3
i know Im not too happy with it either, but hey Im not doing photography for a living, its just a hobby and if I make a buck or 2, cool, if not, oh well.

James
09/10/2004 12:16:59 PM · #4
Congratulations! I think it's a great opportunity. Getty Images is very well known. Think of all the exposure you'll get and 24/7 is doing all the prep work for you. I'd be ecstatic if my photos were chosen. :)
09/10/2004 06:29:15 PM · #5
The thing is, it doesn't matter WHO or HOW MUCH, it is about your rights, if they are just sending it over to Getty (it looks like they are asking, but no email here yet) for them to sell. Do it once, then they think it is alright the next and next and next. It is just like taking your shot off the web and then selling it somewhere else---you get nothing, not even your name on it. It is your copyright.
09/10/2004 09:46:36 PM · #6
Couple things I didn't see in the post were how long the agreement is for, would you get a credit line when the photo was published and how would you withdraw from the offer should you choose to.

If they are indeed cataloging and managing your image(s) as part of a cllection, then I would have to say the split is pretty reasonable. You will get money each time the shot is used, they are not going to go to all the trouble to get an agreement from you and then just screw you over. It's not about one-time use, it's about licensing images as stock. If you don't think it's a good deal, you are free to decline the offer. Personally, I would take them up on it unless I had work at a stock agency.
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