Company wants my photo - DPChallenge Forums

Canon EF 70-200mm f/2.8L IS USM

08/14/2007 08:02:54 PM · #1

EDIT: I found out they want to use it for the cover of the Cincinnati Bell/Northern KY Yellow Pages! Way cool. Right now they just want it to put together the presentation for Bell's approval. This could be really exciting! That's a bunch of phone books in this area.

Got a call today from a company asking about using one of my photos. This company called and spoke with my younger daughter, who wasn't home when I got here and so I didn't get the message until after business hours.

I don't know anything more than they called regarding using one of my photos. I'm really excited about the possibilities and I've been researching pricing here on the site - so perhaps I'll be able to act like I know what I'm doing when I speak with them, hopefully tomorrow!

I want to clarify a few things.

It appears pricing is usually based on the amount of exposure, the resolution requested, and the time period requested for the licensing? Does this sound about right? What would be a good starting point for a pricing quote for minimum usage? (perhaps a small size on a local webpage.)

Should I print up a licensing agreement to fax to them, or is an email agreement sufficient?

Any further advice or inside knowledge would be appreciated! I really hope they call back tomorrow and didn't just move on to someone else's photo (perhaps under a deadline?)

Thanks!

Message edited by author 2007-08-14 23:53:29.

Mick

Canon EOS-5D

08/14/2007 08:39:59 PM · #2

Remember, you're talking about selling them usage rights to the photo, not the photo itself. IOW, you want to retain ownership of the image, but let them use it for their intended purpose.

My SmugMug account lets me sell 'Digital Downloads' to my customers at three different resolutions; Low-Res (1MPix), Hi-Res (4MPix), and original image. Customers can either buy a personal use license, or a commercial use license, at any of the available resolutions. The least expensive is a Low-Res personal use license. The most expensive is an Original resolution commercial use license.

This is the personal use license provided by SmugMug...

"License For Personal Use

Photographer grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:

* This license is for personal use only. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sub-licensed.

* Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with the photographer.

* There are no warranties, express or implied. The image(s) are provided 'as is.'

* Neither photographer nor SmugMug will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the image(s)."

This is the commercial use license provided by SmugMug...

"License For Commercial Use

What you can do: Photographer grants you a perpetual, non-exclusive, non-transferable, worldwide license to use this image for permitted commercial purposes, defined as:

* advertising, promotion, brochures, packaging
* as part of a commercial website for promotional purposes (maximum 800x600pixels) use
* prints, posters, flyers, tearsheets for promotional purposes (not for resale)
* prints, posters, or other commercial display of image
* magazines, books, newspapers, other printed publications
* video, broadcast, theatrical

What you may not do: Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.

Photographer retains all rights, license, copyright, title and ownership of the image(s).

There is no warranty, express or implied, with the purchase of this digital image file. Neither photographer nor SmugMug will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
"

Mick

Canon EOS-5D

Canon EF 70-200mm f/2.8L IS USM

08/14/2007 08:43:14 PM · #3

P.S. As for how much to charge, that's entirely up to you. My suggestion is "Whatever the traffic will bear." :D

08/14/2007 11:00:45 PM · #4

Great information. Thanks!

Maybe I'll just ask for a new camera :)

08/14/2007 11:32:53 PM · #5

I finally thought to check my "junk" email filter. The request was in there. They want one of my photos for the Greater Cincinnati/Northern KY Bell Yellow Pages cover!

Whoohoo!

Well...maybe. They would like to use my photo in a layout presentation to Cincinnati Bell. It would be cool if it gets approved.

Nikon AF Nikkor 50mm f/1.4D

08/15/2007 12:11:32 AM · #6

This is the shot they're asking about.

rossbilly

Nikon D200

08/15/2007 12:32:20 AM · #7

Judy - first... CONGRATULATIONS!!!!! That is a terrific image, and you deserve the recognition!

I'm sure you've already viewed it, but this thread may be helpful in some way...

GREAT work!

Bosborne

Canon EOS-30D

Canon EF-S 17-85mm f/4-5.6 IS USM

08/15/2007 01:17:19 AM · #8

Whoo Hoo, Judy! I know exactly how you feel! I too, just got a photo cover for our hometown phonebook! I was promised name recognition, but didn't receive it. :(
Get all that you can get girl!! Congratulations!

Canon EF-S 17-85mm f/4-5.6 IS USM

08/15/2007 01:25:46 AM · #9

Originally posted by Bosborne:

What photo did you use? That's awesome....too bad they didn't do as promised :( It's definitely an ego trip. ;^)

Bosborne

Canon EOS-30D

08/15/2007 03:08:25 AM · #10

this is the image that they chose.

Matthew

Canon EOS-5D Mark II

Peleng 8mm f/3.5 Fisheye MC In M42 Mount

08/15/2007 04:51:32 AM · #11

Originally posted by jpochard:

I found out they want to use it for the cover of the Cincinnati Bell/Northern KY Yellow Pages! Way cool. Right now they just want it to put together the presentation for Bell's approval. This could be really exciting! That's a bunch of phone books in this area.

If you are able to charge a fee, then this is usually calculated by reference to prominence (size, location in publication) and distribution numbers. Some people have reported being unable to agree a fee, in which case attribution and a reference to you/your business (effectively free advertising) may make this more than worthwhile.

Originally posted by Mick:

This is the personal use license provided by SmugMug...

Mick gave you some helpful wording â�� but very much tailored for a particular type of generic transaction. You have a specific purchaser in mind, so I would recommend tailoring the licence you grant. One thing you might want to check is whether they want exclusive use of the image. I have amended Mickâ��s/Smugmugâ��s wording below with some suggested wording:

What you can do: Photographer grants you a specific, [non-exclusive], non-transferable, license to use this image for the purpose of preparing your internal presentations and using the image in the publication (front cover or otherwise) of the Cincinnati Bell/Northern KY Yellow Pages.

What you will do: Place the following text [in a prominent position] [on the inside front cover] [located near the image on the same page] [etc] in clearly legible text:

â��Copyright Judy Pochard 2007. //www.pbase.com/jpochardâ��

What you may not do: Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.

Photographer retains all rights, license, copyright, title and ownership of the image(s).

There is no warranty, express or implied, with the purchase of this digital image file. Photographer will not be liable for any claims, or incidental, consequential or other damages (whether direct or indirect) arising out of this license or buyer's use of the image(s).

Message edited by author 2007-08-15 04:52:10.

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

08/15/2007 07:16:52 AM · #12

congrats, judy!

rest assured, miller-myers will dictate their terms and will provide you with the licensing paperwork. if they really want your image, you might be able to get $200-500 out of them. the most important thing for you to do is to get ahold of a current cover to see how they handle the crediting: if the photographer's name is on the front, then it could be worth doing for free; otherwise, you'll want to push them until they feel you are too much trouble. keep in mind, even though they have come to you and even though they are on a deadline, they do have other options. of course they can afford to pay whatever (they used to pay 10s of 1000s of dollars to have a professional shoot a single cover), but between digital imagery and internet searching, they have a lot more low-cost options today than ever before.

good luck!

08/15/2007 08:48:47 AM · #13

Thanks guys. I appreciate the input! Skip, yeah...I understand they have many more from which to choose. It makes it harder to get much in the way of compensation, but it's also a thrill that they are asking me since so many are out there.

They are being fairly specific in their needs for this cover. It's the "100 year" anniversary of the yellow pages here and they want to feature local photo pairs that are 100 years apart. Our new bridge was dedicated 100 years after it's predecessor. I'm assuming they have another resource for a photo similar to mine taken 100 years ago of the old bridge.

In any case, I negotiate for a living (Realtor), so I will make the most of this opportunity in some fashion. It has not been approved yet by Bell, so it may be a moot point.

rich

Canon EF 50mm f/1.4 USM

08/15/2007 08:49:37 AM · #14

I have no advice on compensation Judy, but just wanted to offer my sincere congratulations. That has to feel pretty damn good.