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DPChallenge Forums >> Tips, Tricks, and Q&A >> What would you do?
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 04/19/2004 04:57:53 PM · #1
I just rec'd this email:

I am the publisher of Steamboat Magazine, a
small regional magazine in Steamboat Springs, Colorado. We are a sponsor of
Strings in the Mountains, a nonprofit summer music festival in our
community. We need to create an ad for Strings' program this summer, and we
would like to use your image of a rose on a piano. This is a small run for a
concert program. We can't pay you alot for it, but we'd like to offer you
$50. If this works for you, could you please let me know asap. Also, could
you email us a high-resolution jpeg of it? Thanks!

_______________________________
Deborah Olsen
Publisher
Steamboat Magazine
PO Box 881659
Steamboat Springs, CO 80488
970-871-9413

I can do a search for them, and I can call them, but wanted someone's expert opinion on this as well.

I know that selling your photo for $50 is cheap.. and sending a high-res file is basically like allowing them to take it and run -
Am I being skeptical in the right ways?
What would you do?

Message edited by author 2004-04-19 16:58:15.
 04/19/2004 04:59:57 PM · #2
You need to ask them if you would retain the right to use the photo, whether they are just using it as a 1-off, and things like that. I'd take $50, but then I'm poor... Actually, knowing me I'd probably just let them have it free, lol.
 04/19/2004 05:01:02 PM · #3
LOL! I'm poor too, which is why I am considering it! :)
 04/19/2004 05:01:25 PM · #4
it depends how badly they want it. If they REALLY want it, ask for more.
 04/19/2004 05:02:17 PM · #5
I would take it and be honored, but i don't get many folks who like my stuff enough to pay anything for it
: )
 04/19/2004 05:02:41 PM · #6
How 'bout if you included a file with a copyright notice...something to the effect of "the bearer is allowed to print ONE image, etc"...might not stop someone, but you never know.
 04/19/2004 05:06:50 PM · #7
I can't tell from the website (//www.steamboatmagazine.com/) how much of a commercial venture they are and whether or not $50 is a fair price but I guess the real question is do YOU feel it's a fair price for one time use of that image.

Protecting copyright is always hard but is a separate issue to that of pricing I think.
 04/19/2004 05:06:56 PM · #8
I'm certainly no expert, but I assuming you could state that they could have permission to use the image for X number of print runs for the 50 USD fee and additional print runs would cost more and that you still retain the original rights to the image etc. And make sure you get credit too!
 04/19/2004 05:07:30 PM · #9
If you decided to do it it would be nice of them to send you a copy of the program.
 04/19/2004 05:12:00 PM · #10
yes, and like moody says, to get credit too.
I just posted this email to them:

This is an interesting proposition.
Do you have a website where I can see what you are about?
Also, would this be a limited use licence you are interested in purchasing?
I am curious as to where you saw the image as I have it posted in my portfolio, and on a site where the print is for sale.
Anyway, I am honoured, and would love additional information.
Thank you,
Karen


Message edited by author 2004-04-19 17:15:41.
 04/19/2004 05:22:07 PM · #11
I think that is an appropriate response, Karen. Though it is completely your right to insist that it is a one time use only agreement. For a one time use agreement I don't see $50 as unreasonable for a small organization.

T
 04/19/2004 05:23:12 PM · #12
Oh yeah. Congratulations. I think that is really cool and, of course, you never know where these kinds of deals may lead.

T
 04/19/2004 06:21:59 PM · #13
Go for it Karen. Get something in writing limiting their use, make sure you credited prominately, take th $50, and try to get some kind of agreement for future photos.
 04/19/2004 07:05:13 PM · #14
Flattery, exposure and a token payment to treat yourself to a nice dinner... as long as you keep the rights, I don't see a downside. How much would you have made from that photo if they didn't contact you?

Congrats!
 04/19/2004 07:20:55 PM · #15
Good show. Take it as a compliment and take the $50 and buy yourself a big box of chocolates. Just ask them to confirm by email they will only use your image for that run and your retain the right to the image. Congrats.
 04/19/2004 07:27:59 PM · #16
Originally posted by KarenB:
I know that selling your photo for $50 is cheap.. and sending a high-res file is basically like allowing them to take it and run -
Am I being skeptical in the right ways?
What would you do?


re-create your photo and sell it to them for 40, just kidding ;)
Congrats! Take the money and add another star to your resume :)
 04/19/2004 07:38:04 PM · #17
First, congrats on having such a desirable image.
Second, you could counteroffer if you don't think it's enough
But most of all, I think you should just make sure you specify what their rights are: this is for this brochure only, limited run, etc. If they want more, give them a price list...
 04/19/2004 07:38:44 PM · #18
Make SURE you give them terms and conditions you can live with (see mine here, if you need an example: kamps.org/g/?xybz), and $50 is not a lot for a picture such as this one. Depends on the print run etc.

I'd say: Give them single-use licence with no further rights, and ask for $100 at least. That way at least it is worth your while.

h
 04/19/2004 07:41:17 PM · #19
Congrats Karen. What ever you decide, it's a feather in your cap.
WTG -Girl!!!!!!!
 04/19/2004 07:41:35 PM · #20
Originally posted by Kavey:
Protecting copyright is always hard but is a separate issue to that of pricing I think.


Not really - protecting yourself against rights-grabs is vitally important, but not that difficult. Keeping the copyright is the norm, rather than the exception. If they want the copyright, walk away.

h
 04/19/2004 07:57:57 PM · #21
Karen, I think it is an honor! Congratulations! Do you have any idea how many photos they could have chosen. I think it's just awesome :)

AWESOME!


04/19/2004 08:05:02 PM · #22
Retain your copyright, take the 50 bucks, and insist on free tickets for your entire extended family.
04/19/2004 08:08:18 PM · #23
One more question before I send my final response to them....

this came in a reply email.

part of message:
"We are buying one-time North American rights, not
including electronic rights."

what does this mean?

also, I have a paypal account.. they could pay me via this right?

Message edited by author 2004-04-19 20:09:11.
 04/19/2004 08:09:41 PM · #24
Rights to use the image once in North America is what I take the first part to be.

They aren't looking for exclusive rights (you can sell it to someone else), one time rights means they don't want to buy it to use it for another purpose later, and they aren't wanting to reproduce the image on the internet (electronically)

04/19/2004 08:10:41 PM · #25
Originally posted by KarenB:
One more question before I send my final response to them....

this came in a reply email.

part of message:
"We are buying one-time North American rights, not
including electronic rights."

what does this mean?

also, I have a paypal account.. they could pay me via this right?


Sounds to me like they get to use it once in NA and they can't publish on the net. Maybe? Where are our resident lawyers when you need them?

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