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DPChallenge Forums >> Business of Photography >> A Company Wants My Shot!
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Showing posts 1 - 25 of 27, (reverse)
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 10/23/2009 03:52:20 AM · #1
I woke up this morning to read on my flickr mail that a company, Brains On Fire, wants to use my image in a branding effort (no idea what that is) for a national morgage company in the US. They offered me $350.00 for 5 years unlimited usage rights. Is this a fair offer? I have no experience with this. The photo they want is linked below.


10/23/2009 04:10:06 AM · #2
That's very cool! Congrats :)

I don't have a clue but, to me, that sounds low for the amount of use they might get out of it. I guess the keyword is "might"? Hopefully some of the wiser and more experienced minds will share their advice.
 10/23/2009 04:33:41 AM · #3
That's way too low for unlimited usage. A pro would ask for $1.500 to $2.000, so if you ask for 500 - 750, they should be willing to agree.
 10/23/2009 05:50:31 AM · #4
No, it's way too low, ask them for more details - do they want exclusivity? Do you have model releases for these two people - essential if this image is to be used commercially.
 10/23/2009 06:09:53 AM · #5
It was taken at a public event so I don't believe a release form would be needed. But I'm no expert there.
 10/23/2009 06:11:54 AM · #6
Originally posted by david1707:
It was taken at a public event so I don't believe a release form would be needed. But I'm no expert there.


If you are selling the image, I believe you need releases.

Peter

Message edited by author 2009-10-23 06:12:28.
 10/23/2009 06:34:52 AM · #7
Originally posted by david1707:
It was taken at a public event so I don't believe a release form would be needed. But I'm no expert there.


You definitely need releases, unless it is used for editorial only (which is not the case here)
 10/23/2009 06:38:38 AM · #8
Firstly its great someone loves your image that much - congrats.

Secondly - what they are offering, especially for a large mortgage company, is peanuts.

Finally - hate to say this but if you are using this for advertising and not editorial then you will need a model release from both the subjects.
 10/23/2009 10:06:25 AM · #9
Originally posted by Simms:
....Finally - hate to say this but if you are using this for advertising and not editorial then you will need a model release from both the subjects.

I'll bet $350 sounds better than the big fat zero you'll get without model releases. Hopefully you know them, so you can get the releases.
 10/23/2009 10:32:19 AM · #10
I often charge $250-500 for one-time use or $500+ for short-term use (less than 6 months).

The first rule of negotiating is "Never take their first offer". Otherwise it is not a negotiation--they are calling the shots, which is not what you work hard for.

For example, if you want $1000, then ask for something higher and then go down from there.

Also, have a good license agreement that spells everything out.

In my agreement contract, I include that they have to send me a sample of their final product (brochure, poster, etc.) If it is for a web site, they must supply me a URL. If the site is private, they must either provide access for me or screenshot it and send it to me.

10/23/2009 11:08:34 AM · #11
Get sure the girl wanna get some publicity. Consider the case she is somebody else s wife!
o)
 10/23/2009 11:39:19 AM · #12
Originally posted by ikopanas:
Get sure the girl wanna get some publicity. Consider the case she is somebody else s wife!
o)


LOL, good point - although it looks like he is a soldier returning from a tour.. maybe..
 10/23/2009 11:52:00 AM · #13
Look at her, no makeup, hair is clean but not done up. This is a long time girl friend, most likely a wife. I have seen this look as my father went out to sea, this is not hello, this soldier is headed out..
 10/23/2009 11:57:59 AM · #14
Originally posted by SamhainD:
...most likely a wife. ..

Appears to be a ring on her left hand ring finger.
 10/23/2009 12:22:06 PM · #15
''

Message edited by author 2009-10-23 12:22:16.
 10/23/2009 12:29:59 PM · #16
Originally posted by Simms:
''

spazz
 10/23/2009 05:09:23 PM · #17
There is no way a wife would ever show that type of affection to her husband, It's gotta be his girlfriend, and he's telling her he has to go but the truth is he just found someone new.
 10/23/2009 08:54:32 PM · #18
Originally posted by david1707:
I woke up this morning to read on my flickr mail that a company, Brains On Fire, wants to use my image in a branding effort (no idea what that is) for a national morgage company in the US. They offered me $350.00 for 5 years unlimited usage rights. Is this a fair offer? I have no experience with this. The photo they want is linked below.

A photo is only worth what someone is willing to pay for it. If this is your only customer and they're only willing to pay $350, than they made you a fair offer. You can always ask for (or even demand) more, but don't be surprised if they decline and go somewhere else. What is the photo worth to you? Can you sell it to someone else for more?
10/24/2009 02:12:32 AM · #19
Tell them a picture is worth a 1000 words. And a single word is worth 2 dollars. They are a finance company so they will be able to do the math...
 10/24/2009 02:47:21 AM · #20
The image of mine that Avanti Press wanted exclusive rights to for 5 years was $750. That was for use on cards only. Then they decided they wanted to use it for stationary and whatever else they make and put images on so the price went up to a final offer of $2500 for the 5 years. I think the mortgage company should at least be offering you $750-$900.

Congrats on having an image they want to use. I know or me I was in elated!
 10/25/2009 03:19:20 AM · #21
Originally posted by Dirt_Diver:
There is no way a wife would ever show that type of affection to her husband, It's gotta be his girlfriend, and he's telling her he has to go but the truth is he just found someone new.


You'd be surprised. I assume you've never been to a military reunion cerimony before. Especially when they've been gone for almost 1 1/2 years.

Thanks for all the great input.

Message edited by author 2009-10-25 03:20:21.
 10/25/2009 11:43:29 PM · #22
What are you going to do if you don't have a model release?
 10/26/2009 05:42:03 AM · #23
Without being legal I wouldn't feel comfortable selling the image.

Now here is a question for some of you out there with much more knowledge then I. How can an image of someone legally be used without having a release form for commercial purposes? Take as an example the photo of the Afgan girl with the light colored eyes. I'm sure alot of you know the photo I am talking about. I have seen this shot as well as many others where I doubt the photographer got any type of signature to use the photo in commercial use. Where can I research the legalities of using images taken at public events? I am the photographer at a UFC style cage fights here where I live. I have in my agreement, signed by the promoters of the event, that I have full rights to use the photos in any matter I desire. Does this give me rights to sell shots of the fighters and the crowd legally or would I still need individual release forms?
 10/26/2009 06:20:14 AM · #24
If any person is recognizable you will always need a release for commercial use. You can still sell prints or exhibit them or use them for your self-promotion, but you can't sell usage rights to any person or company except for editorial use.
 10/26/2009 11:39:54 AM · #25
Originally posted by david1707:
Without being legal I wouldn't feel comfortable selling the image.

Now here is a question for some of you out there with much more knowledge then I. How can an image of someone legally be used without having a release form for commercial purposes? Take as an example the photo of the Afgan girl with the light colored eyes. I'm sure alot of you know the photo I am talking about. I have seen this shot as well as many others where I doubt the photographer got any type of signature to use the photo in commercial use. Where can I research the legalities of using images taken at public events? I am the photographer at a UFC style cage fights here where I live. I have in my agreement, signed by the promoters of the event, that I have full rights to use the photos in any matter I desire. Does this give me rights to sell shots of the fighters and the crowd legally or would I still need individual release forms?


This photo

I thought this was taken by a National Geographic photographer. It was use as news and doesn't need a photo release. If some make-up company wanted to use this picture with the caption, "she need our make-up" to advertise their fall line of products, they would have to get her permission. If the photographer wanted to sell pictures of her as art for $40,000 that's still possible.

Of course, my advise is just like any advice you get for free (you get what you pay for). Or check out Photographer's Rights
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